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(영문) 대전지방법원 2017.07.13 2016구합105236
건축허가신청반려처분취소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of the disposition;

A. On September 19, 2016, Plaintiff A filed an application for a building permit with a view to newly constructing a map with a site area of 15,296.5 square meters on the ground of Boan-si and one parcel (hereinafter “Plaintiff A”). Plaintiff B filed an application for a building permit on September 12, 2016, in order to newly build a map with a site area of 15,296.5 square meters, building area of 8,953.15 square meters on the ground, and Plaintiff B filed an application for a building permit on September 12, 2016 (hereinafter “Plaintiff B’s application site”). In addition, each application site is 10,037.4 square meters, building area of 6,019.15 square meters on the ground.

B. On October 10, 2016, the Defendant: (a) against the Plaintiff on October 10, 2016, on the ground that “the Plaintiff is a grouped farmland for which a reclamation farmland rearrangement project was implemented for the purpose of cultivating rice crops; (b) the surrounding farming environment is likely to be adversely affected by water pollution, malodor, livestock dust, etc.; and (c) the farmland grouped into a chain site, etc. for similar facilities is likely to be planted; and (d) the Plaintiff’s application for disposition against the Plaintiff B on October 7, 2016, on the ground that “the Plaintiff’s application for disposition against the Plaintiff is likely to cause flood damage as it is drained through a drainage wall, which is an area where the reclaimed farmland creation project was implemented for the purpose of cultivating rice crops” on the ground that “the Plaintiff’s application for disposition against the Plaintiff B may be rendered on the ground that construction is likely to be performed as an area prone to flood by using the drainage wall and drainage pipe, and that construction act is likely to cause water pollution in neighboring farmland.”

(hereinafter collectively referred to as "each of the dispositions of this case"). 【No dispute exists, Gap evidence Nos. 1, 2, Eul evidence Nos. 1, 2, and 9 (including paper numbers; hereinafter the same shall apply), the purport of the whole pleadings.

2. Whether each of the dispositions of this case is legitimate

A. The plaintiffs' main points of the plaintiffs' assertion are flooded since 2005 when each of the applications in this case is filed.

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