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(영문) 청주지방법원 2015.10.29 2015구합11566

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 January 10, 201, the Plaintiff filed an application with the Defendant for a building permit, including an application for a permit for development activities and a permit for conversion of mountainous districts, to newly build animal and plant-related facilities of a size of 1,980 square meters in a size of a building area and a total area of a 7,138 square meters on the ground of Chungcheongnam-gun B, Chungcheongnam-do, Chungcheongnam-do, and C, and the Defendant issued the said building permit with the aforementioned content after consultation with the Defendant on the installation of livestock excreta discharge facilities on February 9, 201.

B. On June 28, 201, the Plaintiff filed an application for a building permit to newly build animal and plant-related facilities (e.g., money death and compost death) with a size of 5,635.8 square meters on the ground of 22,369 square meters in the building area and total floor area of the building area on the land of 5,635.8 square meters, and the Defendant issued a building permit with the aforementioned content upon consultation on the installation of livestock excreta discharge facilities with a size of 6,685 square meters, taking into account the existing building permit on September 7, 2011.

(hereinafter referred to as "the previous permission of this case" in total)

On the other hand, on October 14, 201, the Defendant enacted and promulgated the Ordinance on the Areas subject to Restriction on Livestock Raising of Motsan-gun (hereinafter “instant Ordinance”) on the date of its promulgation, and stipulated that the said Ordinance is effective on the date of its promulgation; however, at the time of its enforcement, the livestock breeding of livestock waste-generating facilities already permitted within the areas subject to restriction on livestock raising is recognized. Meanwhile, Article 3(4) of the instant Ordinance provides that the extension of livestock excreta-generating facilities within the areas subject to restriction on livestock raising shall be subject to deliberation by

On December 31, 2012, the Plaintiff: (a) was divided into E, E, and F in the Chungcheongnam-gun B, E, and F, the sum of 7,031 square meters in Chungcheongnam-gun, Chungcheongnam-do; and (b) the Defendant.

G was divided into animal and plant-related facilities (dons, composts, composts) with a size of 1,941 square meters on the ground, in D and G Chungcheong-gun C.

Animals with a building area and a total floor area of 5,442 square meters on the ground of 19,604 square meters in total, and