logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2015.08.18 2015구합136
건축허가불허가처분취소
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. The Plaintiff filed an application for permission for diversion of farmland, permission for development acts and permission for construction (hereinafter “instant application”) with respect to 1,120 square meters of land (the part on which drawings are indicated in attached Form 1; hereinafter “the instant application site”) among 4,851 square meters in Gyeongdong-gun B, Gyeongdongdong-gun, Gyeongbuk-gun, for the following purposes of constructing a new building:

Building area of 1,120 square meters: Total floor area of 439.28 square meters: 1,39.28 square meters: The number of main buildings of 439.28 square meters: 1,39.28 square meters per Dong, and the main use of 40 square meters per attached building: Matters to be comprehensively treated as Class 2 neighborhood living facilities (manufacturing facility): Permission for development and report on installation of drainage facilities:

B. On December 19, 2014, the Defendant rejected the instant application from the Plaintiff on the following grounds:

(hereinafter referred to as “instant disposition”). - The instant application is related to development activities - An area in need of planned and systematic management in consideration of an area expected to be integrated into an urban area or the natural environment - an area requiring limited utilization and development in consideration of the natural environment - the cultivation of nearby farmland is likely to cause damage to the cultivation of nearby farmland (i.e., grounds for disposal), and water quality and sewage such as manufacturing facilities, etc., and there may occur water pollution of reservoirs in nearby areas due to water supply and sewage, etc. (ii) the residential environment of rural communities may fall short of (iii) and there is concern that the surrounding landscape and rural living environment might be impeded in the future of the community center (iii) - In relation to the diversion of farmland, the infrastructure following the construction of the application site, which is the criteria for examination under Article 33(1) and (2) of the Enforcement Decree of the Farmland Act, is formed into a collective farmland in a rural village, and the surrounding area is conserved as farmland and the value of nearby farmland is anticipated to be damaged by agricultural management and the living environment (No reason).

C. On January 21, 2015, the Plaintiff filed an administrative appeal seeking the revocation of the instant disposition.

arrow