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(영문) 대전지방법원 2018.11.21 2018구합100693
건축신고(신축)불허가처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On August 21, 2017, the Plaintiff filed an application with the Defendant for a building permit stating that he/she will build a facility related to the same and plant of the total floor area of 4,607 square meters on the ground of 12,957 square meters of forest land and 12,957 square meters (hereinafter “the instant application site”).

B. On September 29, 2017, pursuant to Article 58(1)4 of the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”) and Article 56 [Attached Table 1-2] of the Enforcement Decree of the same Act, the Defendant issued a disposition rejecting the Plaintiff’s application for construction permission for the following reasons:

(hereinafter “instant disposition”)

2. The building report for the purpose of animal and plant-related facilities (13 dong, 3,036 dus) in the B and one parcelC in Korea is reviewed comprehensively with the livestock shed (33 cases, 313 dong, 248, 121.8 m2, 179 m2, 179 m2) which has been filed simultaneously in the vicinity of D, and is rejected on the grounds as follows, since there are concerns over environmental pollution, such as water pollution, and damage to the environment, and damage to the ecosystem in the relevant area and its surrounding area, and on the grounds that Article 58 (1) 4 of the National Land Planning and Utilization Act and Article 56 [Attachment Table 1-2] of the Enforcement Decree of the same Act are inappropriate.

◎ 불허가사유

(a) Permission for development activities shall be in harmony with the actual conditions of the utilization of surrounding areas, rivers, lakes, marshes, etc., and the construction of a stable in the area adjacent to D designated as a wild protection zone shall not be in harmony with the surrounding areas, such as where water pollution is likely to accelerate and destroy the ecosystem;

B. The water quality of D can not be used for agricultural purposes beyond the environmental standards of grade 6, and it is likely that water quality deterioration due to the concentration of large livestock pens in neighboring areas is likely to occur due to the concentration of large livestock pens, and the daily average treatment capacity of E Union, which is the urology processing company, shall be entrusted with 4.4 tons/day or daily urology generated at the time of operation of livestock pens (15.5 cubic meters/day).

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