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(영문) 전주지방법원 2020.02.12 2019구합1866
건축허가취소처분취소
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. On February 21, 2019, the Plaintiff filed an application with the Defendant for permission for development activities (hereinafter referred to as the “instant building permission”), including the farmland creation project to promote agriculture and forest and the land to be used or to be used for agriculture, in an area where the agricultural development area under the Farmland Act or the preserved mountainous district under the Mountainous Districts Management Act, which does not belong to the urban area, has already been implemented or is being implemented, or where the agricultural-based maintenance project has already been implemented, for the purpose of promoting agriculture and preserving forests (see Article 7 subparag. 3 of the National Land Planning Act). The Plaintiff filed an application with the Defendant for permission for development activities, which is an animal or plant facility related to B and 1 lots (hereinafter referred to as the “instant site”) belonging to each of the following areas (see Article 28(2) subparag. 1 of the Farmland Act) in a group of areas where farmland is collectively used for agriculture and the land is collectively used for agriculture (see Article 28(2) of the Farmland Act).

B. On May 23, 2019, the Defendant rendered a disposition rejecting the instant application for the following reasons against the Plaintiff.

(hereinafter “instant disposition”). A.

The provisions of Article 58 of the National Land Planning and Utilization Act and Article 56 of the Enforcement Decree of the same Act shall apply.

(b) According to the attached Table 1-2 (Standards for Permission for Development Acts) of the Enforcement Decree of the National Land Planning Act, there shall be no risk of causing damage to the ecosystem due to air pollution, water pollution, soil pollution, soil pollution, vibration, vibration, dust, etc. in the relevant area and its surrounding areas.

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