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(영문) 대구지방법원 2014.08.20 2014구합20492
건축허가불허가처분취소
Text

1. On July 8, 2013, the Defendant’s disposition of non-permission to file an application for a building permit with the Plaintiff is revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. On May 31, 2013, the Plaintiff filed an application for permission for diversion of farmland, including an application for permission for development activities, with respect to a total of 907 square meters in B and 2,141 square meters in total among C, and 3,048 square meters in size (hereinafter “instant land”), in order to extend the existing funeral hall (hereinafter “instant funeral hall”).

The instant land without permission is farmland in a natural green area, the preservation value of which is high and fluent with a fluence, and is highly likely to cause damage to the environment of nearby farmland in the agricultural management, and the diversion of farmland to funeral hall is not subject to consultation pursuant to the provisions of Article 34 (1) of the Farmland Act and Article 34 of the Enforcement Decree of the same Act in accordance with the examination regulations.

B. On July 8, 2013, the Defendant notified the Plaintiff of the refusal of the instant application due to the following reasons (hereinafter “instant disposition”).

C. The Plaintiff appealed and filed an administrative appeal, but the Daegu Metropolitan City Administrative Appeals Commission dismissed the request on November 25, 2013.

[Ground of recognition] The fact that there is no dispute, Gap's 1 through 5, 8, Eul's 3 (including each number), the whole purport of pleading

2. Whether the instant disposition is lawful

A. A. A logistics warehouse, automobile maintenance plant, etc. is constructed adjacent to the land of this case claimed by the Plaintiff. The site of each of the above buildings was originally farmland, but the Defendant permitted farmland diversion; farmland behind the land of this case was not formed as a group farmland in contact with roads, rivers, etc.; farmland adjacent to the land of this case is a development restriction zone, and even if the land of this case is converted to the purpose of a funeral hall, there is no possibility of chaining farmland; and the funeral hall of this case is the funeral hall of this case.

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