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(영문) 대전지방법원 2018.09.06 2017구합106229
건축허가신청 불허가처분 취소
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 5, 2017, the Plaintiffs filed an application with the Defendant for a building permit to construct three animal and plant-related facilities (hereinafter “the instant livestock shed”) with a building area of 1,770 square meters on the ground of Jin-si C (hereinafter “the instant application site”).

(hereinafter referred to as "the application of this case". (b)

On September 29, 2017, the Defendant rejected the instant application against the Plaintiffs on the following grounds:

(hereinafter “instant disposition”). A.

In accordance with Article 4(1) of the Ordinance on Restriction on Livestock Raising in the Si of Siljin-si (Enforcement Date of August 30, 2017), the above application area falls under the entire restriction area within 300 meters from the boundary of the relevant bank protection (D) and thus a site is not available (hereinafter “reasons for disposition related to the livestock raising restriction area”).

B. The above mentioned application amounts to excellent farmland where agricultural infrastructure created by reclamation projects is well-rearranged by inserting enormous budget (hereinafter referred to as “reasons for disposition related to the preservation of good farmland”).

(c) Permission for development activities shall be in harmony with the actual conditions of the utilization of surrounding areas, rivers, lakes, marshes, etc., and new construction of a stable in the D neighboring 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, etc.

(d) The discharge of livestock excreta to water quality standards (BOD 120-150g/L, total nitrogen 250-400g/L, total nitrogen 100g/L) as stipulated under the Act on the Management and Use of Livestock Excreta is discharged in excess of water quality standards (BOD 8mg/L, total nitrogen 1.0mg/L, total nitrogen 0.1mg/L below) under the Framework Act on Environmental Policy, so risk of environmental damage, such as D water quality deterioration, etc. (hereinafter “reasons for disposal related to water quality deterioration”).

(e)In the event that malodor is produced in a stable with a broad reclaimed land, malodor will be prevented;

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