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(영문) 전주지방법원 2018.07.18 2018구합40

건축허가 불가 통보 등 취소

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1. On November 22, 2017, the Defendant’s written application for amendment of the purport of the claim is indicated as “ December 22, 2017,” but is described as “A.”

Reasons

1. Details of the disposition;

A. On September 13, 2017, Plaintiff A filed an application with the Defendant for permission to engage in development activities, including reporting on installation of livestock excreta discharge facilities, to newly build two animal and plant-related facilities of a total floor area of 2,385 square meters on the land of 3,385 square meters in Jinan-gun, Jin-gun, Jin-gun (hereinafter “the instant Ordinance”). On November 22, 2017, the Defendant rejected the application for permission for installation of livestock excreta discharge facilities on the ground that the Plaintiff filed an application with the Defendant on November 22, 2017 under Article 8 of the Act on the Management and Use of Livestock Excreta (hereinafter “the Livestock Excreta Act”), Article 3(3) of the Ordinance on Restriction on Livestock Raising of Jin-gun, Jin-gun (hereinafter “the instant Ordinance”).

B. On October 24, 2017, Plaintiff B filed a report with the Defendant on the installation of livestock excreta waste-generating facilities (20,160 m2, 2016 m2, 2016 m2) on the land outside Jinan-gun, Jinan-gun, and seven parcels of land. (2) On October 31, 2017, the Defendant rejected the report on the installation of livestock excreta-generating facilities on the ground that the Plaintiff’s report on the installation of livestock excreta-generating facilities on the Plaintiff B constituted an area in which livestock breeding is restricted under Article 8 of the Livestock Excreta Act and Article 3(3) of the Ordinance of this case (within 1,00 meters from the boundary of the site of livestock breeding facilities).

C. Plaintiff C’s disposition 1) On October 24, 2017, Plaintiff C’s disposition against the Defendant, including the aforementioned M, N, and 7 parcels, and L and one parcel (hereinafter “instant application site”).

(2) On the ground, the Defendant filed an application for permission to change livestock excreta discharge facilities with 30,240 m2, a scale of 3024.0 m2) on the ground. (2) On October 31, 2017, with respect to Plaintiff C, the Defendant reported to Plaintiff C as 2,016 m2,00 square meters of livestock excreta discharge facilities and 474.24 m24 m2 of livestock excreta disposal facilities.