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(영문) 춘천지방법원 2017.09.29 2017구합50162
건축허가신청반려처분취소
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 July 15, 2016, the Plaintiff filed an application with the Defendant for permission to engage in development activities (such as changing the form and quality of land) and permission to engage in complex civil petitions (hereinafter “instant application”) in order to newly build an animal and plant-related facility (such as livestock pens) on the Gangwon-gun and four lots (hereinafter “instant application site”).

Our military has created a creative city museum hall with no roof on the basis of beautiful tourism resources, such as Korean Peninsula type, Cheongspo and Go-dong mining, and the field month includes all the Gun people's salt in the revitalization of the regional economy through tourists who find.

The application for this construction permit is adjacent to C, which is the access side of the zero-month, and is 300 meters away from D restings and the shortest residents on the road side, and is likely to damage the image of clean micro months to tourists who find it in the field of the construction of money due to E and C sides, such as other malodor and by-products, etc.

In the vicinity of the site where a building permit is applied, it is a special geographical features that has a lot of underground spaces, and there is a high probability that there are many underground spaces, and there are topographical characteristics that produce groundwater because excellent rainwater, such as rainwater, is underground.

Not more than 2 km in radius, 12 underground water is located in F,G, H and I, and it is investigated that there are 84 households using it for planting, accommodation and agriculture, and that there is a risk of plant pollution due to the underground flow of livestock excreta and excreta, various diseases and pests, infectious diseases, etc. due to the topographical characteristics.

In addition, the second and third pollution of underground water and soil is anticipated to occur due to the slaughter of all livestock in the area where livestock diseases, such as a remedy station, etc. occur, and the living rights of neighboring residents and the damage of crops due to the pollution of food sources and agricultural water.

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