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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 December 20, 2017, the Plaintiff filed an application with the Defendant for permission to engage in development activities on the ground of Chungcheong C and D 5,057 square meters (hereinafter “instant application site”) to newly construct 2,592 square meters per livestock shed (hereinafter “instant livestock shed”) on the ground (hereinafter “instant application”), and filed an application for permission to engage in development activities on a turnkey basis.
B. On August 1, 2018, the Defendant rejected the instant disposition on the following grounds.
(hereinafter “instant disposition”). Grounds for non-permission disposition
A. In the event that livestock penss go through F lines as a result of the feasibility review team (National Land Ministry-2018 National Land Ministry-500,000) conducted by F’s G calendars as a reverse-point project, a group of livestock penss go through F lines due to the fact that an urban development project in the surrounding areas of G calendars is being implemented, a group of livestock penss and railroad users will be offcoming to the south, and problems such as urban landscape and environment will be considerable.
The surrounding site for the application for a building permit is the excellent farmland where agricultural production infrastructure, such as repair facilities, is maintained as a arable area. The farmland in the E district is a contract cultivation complex for the production of representative brand H of Korea, and is supported with the purchase fund and the genetic analysis expenses for the inspection of the variety level. It is highly likely that grouped farmland created by a stud stable may be continuously destroyed and damaged due to the malodor, dust, insect, soil, water pollution, etc. of farmland caused by newly constructed livestock pens, and it is anticipated that the damage to agricultural management and the residential environment would be inflicted on agricultural management and the residential environment. As such, it is inappropriate to the provisions of Article 56(1), Article 58(1)4, and Article 58(3) of the National Land Planning and Utilization Act and Article 56(1) of the Enforcement Decree of the same Act and Article 1-2(1)-A-(1) and Article 1-4(2) of the same Act.
The height, form and color of the building shall be in harmony with the neighboring building without damaging the natural scenery and fine view around the building.