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(영문) 전주지방법원 2020.04.23 2019구합1781

건축허가신청불허가처분취소

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 May 3, 2019, based on Article 11 of the Building Act, the Plaintiff filed an application for permission to engage in development activities (hereinafter “instant application”) with the Defendant, including an application for permission to engage in a new construction of a stable, which is an animal and plant-related facility (hereinafter “instant stable”) on the land in Kim Jong-si B and C (hereinafter “instant application site”).

B. On May 27, 2019, the Defendant rendered a disposition rejecting the instant application for the following reasons (hereinafter “instant disposition”).

Pursuant to Article 11 of the Act on Water Management and Resident Support in the Geum River Basin, I reply that no new livestock excreta emission facility may be installed pursuant to Article 15 of the said Act, as the implementation plan for total pollution load control shall be established and implemented, as prescribed by Ordinance of the Ministry

There is a need to manage the allocated load in 2017 so that it may not exceed the pollution load. - The allocated load as of the base of 2017 covers the allocated load in 2020 as BOD 5,142.24km/day, T-P 37.94km/day (BOD 4,882.75 g/day, T-P 332.089 g/day). - In addition, the number of livestock raising livestock in the D unit station compared to the target year (2020) in relation to the basic plan for total water pollution in 3rd phase (20 years) is already exceeded. Since the total water pollution load discharge load in 2012 exceeds the livestock industry, it is determined reasonable to restrict the new construction and expansion of livestock pens to improve water quality of E station, and to promote various development projects within the jurisdiction, and to newly construct and develop livestock excreta discharge facilities without dispute over the largest number of years from the last 3rd stage.