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(영문) 의정부지방법원 2020.08.25 2019구합13782
건축허가신청반려처분취소
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Details of the disposition;

A. On February 13, 2019, the Plaintiff filed a construction report with the Defendant on the construction of an animal and plant-related facility (a mushroom cultivation shed) of a size of 1,584 square meters in total on the ground area of 6,429 square meters (hereinafter “instant land”) located on the ground of Kuwon-gun Cri (hereinafter “Cri”) (hereinafter “instant building”).

Grounds for consideration shall be for consideration.

A. According to the review of the criteria for permission for development activities by field under attached Table 1-2 of Article 56(1) of the Enforcement Decree of the National Land Planning and Utilization Act, the building report D corresponds to the excellent farmland where agricultural production infrastructure, such as arable land rearrangement and agricultural water development, implemented pursuant to Article 8 of the Rearrangement of Agricultural and Fishing Villages Act, is maintained, and the preservation of which is not necessary because it does not fall under excellent farmland, etc., the application area constitutes the excellent farmland, and thus, the construction act is restricted.

Since farmland in Article 3(1) of the Farmland Act is the foundation necessary for supplying food to the people and preserving the national environment, and is a valuable valuable resource that affects the harmonious development of agriculture and the national economy, it must be carefully preserved and properly managed for public welfare. Since the exercise of farmland rights requires necessary restrictions and obligations, good farmland should be preferentially preserved in accordance with Article 32(2) of the Framework Act on Agriculture, Rural Community and Food Industry, which is being rearranged or collectiveized with agricultural production infrastructure in Article 32(2) of the Framework Act on Agriculture, Rural Community and Food Industry.

On May 27, 2019, the Defendant rejected the Plaintiff’s building report for the following reasons.

(hereinafter “Disposition in this case”). / [Grounds for recognition] without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 and 3, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion 1 is the defendant's indivating administrative disposition.

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