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(영문) 대전지방법원 2018.07.04 2017구합105080
건축허가처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Details of the disposition

On July 20, 2017, the Plaintiff filed an application with the Defendant for a building permit stating that he/she would construct six (hereinafter “the instant stable”) animal and plant-related facilities of the total floor area of 7,950 square meters (4,174.5 square meters of the building area) on the ground of the land outside B and one parcel (hereinafter “the instant application site”).

(hereinafter referred to as the “instant application”). A.

The above application shall constitute excellent farmland with good agricultural infrastructure created by reclamation projects by inserting enormous budget. (Standards for Permission of Development Acts 1-D-1)

(b) 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 C surrounding areas designated as a wild protection zone shall not be in harmony with the surrounding areas, such as the possibility of damaging the ecosystem by accelerating water pollution.

(c) The discharge of livestock excreta into water quality standards (BOD 120-150g/L, total nitrogen 250-400g/L, total nitrogen 100g/L below) as provided for in the Act on the Management and Use of Livestock Excreta is likely to cause crush environmental damage because it is discharged in excess of the standards for agricultural water under the Framework Act on Environmental Policy (BOD 8mg/L, total nitrogen 1.0mg/L, total nitrogen 0.1m/L below) under the Framework Act on Environmental Policy.

(d) In the event that malodor is produced in a stable with a broad reclaimed land, there is no ground on which malodor can be prevented if malodor is emitted in the stable, and thus, it is likely that malodor is damaged to farmers during the agricultural work, and if the wind is considerably harmful to the sea, it will directly cause malodor to neighboring residents. The standards for permission for development acts (1-D-2) are applied.

E. In the event of the outbreak of a contagious animal disease, the disposal of livestock burial shall, in principle, bury the carcass at the place where the livestock site or the other place where the flooding is likely to occur. However, there is concern about environmental damage in the event of the burial of the dead body due to wetlands that is created by blocking the sea where the application is filed, and that is likely to be flood.

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