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(영문) 대전지방법원 2020.09.23 2019구합105992
건축신고 불수리처분 취소
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Details of the disposition;

A. On August 20, 2015, the Plaintiff was granted a license for the electric generation business with respect to five parcels outside Chungcheongnam-gun B and five parcels (hereinafter “instant application site”) from the Cheongnam-do Governor, Chungcheongnam-do.

A building owner: 12,132 square meters, building area: 4,640 square meters, total floor area of 4,640 square meters, and total area of 4,640 square meters: Animal and plant-related facilities - Matters subject to en bloc processing: Permission for development activities, reporting on conversion of mountainous districts, and reporting on temporary use of mountainous districts: Permission for and reporting on temporary use of mountainous districts.

B. On February 28, 2019, the Plaintiff filed a report on the instant application with respect to the Defendant as follows.

(hereinafter referred to as “instant application”). C.

On July 12, 2019, the Defendant issued a non-acceptance disposition against the Plaintiff on the following grounds (hereinafter referred to as “non-acceptance disposition on the building report”). Under Article 56 (1) attached Table 1-2 of the Enforcement Decree of the National Land Planning and Utilization Act and Article 56 (1) of the National Land Planning and Utilization Act and Article 1-A-1 (1) of the Development Permission Standard, it does not need to be preserved because it does not fall under good farmland, etc., but does not fall under good farmland. However, the applicant falls under the farmland that is highly necessary to preserve the agricultural environment, the aggregate of the farmland is large, and animal and plant-related facilities (a)

(b) as much;

Pursuant to Article 58 (1) 4 of the National Land Planning and Utilization Act and Article 56 (1) and attached Table 1-2, 1-D- (d) of the Enforcement Decree of the same Act, the current status of the use of land in neighboring areas and the land utilization plan, etc. shall not be in harmony with the surrounding environment and scenery, but animal and plant-related facilities (a mushroom cultivation shed) shall not be in harmony with the surrounding rural wind.

The vicinity of the application site is the area adjacent to the G in which many tourists visit E history (F Park) in HongIC as a typical rural area where the budget-based Criology and Hongsung Group D is located.

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