건축허가반려통보취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On November 6, 2017, the Plaintiff filed an application with the Defendant for a construction permit (hereinafter “instant application”) to newly build an animal and plant facility (a livestock shed) with a building area of 493m2 on the ground of 1,379m2 (hereinafter “instant application site”) on the land of 1,379m2 (hereinafter “instant application site”).
B. On November 9, 2017, the Defendant returned the instant application to the Plaintiff for the following reasons:
(hereinafter “Disposal of this case”). Not accepting a report on the installation of livestock excreta under the Act on the Management and Use of Livestock Excreta - With respect to an area where restriction on livestock raising is deemed necessary under Article 8 of the Act on the Management and Use of Livestock Excreta, it may be restricted by designating and publicly announcing a certain area, as prescribed by municipal ordinance of a local government. Pursuant to Article 3(2) of the Ordinance on the Management and Use of Livestock Excreta - The above lot number is part of the restricted area of livestock raising under attached Table 1 of the Ordinance - The fact that there is no dispute over the prohibition of livestock raising within a certain restricted area under Article 3-2(1) of the Ordinance on the Management and Use of Livestock Excreta - The purport of the entire entries and arguments in subparagraphs 1 through 3 of the same Article.
2. The attachment to the relevant Acts and subordinate statutes shall be as follows;
3. Whether the instant disposition is lawful
A. The gist of the Plaintiff’s assertion does not constitute an area where the installation of livestock excreta discharge facilities is restricted for the following reasons.
Therefore, the instant disposition is unlawful because there is no ground for disposition.
1. According to the attached Table 1 of Article 3(2) of the Ordinance on the Management and Use of Livestock Excreta, an area within 250 meters in a straight line is limited to a restriction zone on livestock breeding in the case of lawsuits from a residential densely-populated area or the boundary of a multi-use facility site. Thus, whether the application in this case falls under a restriction zone on livestock raising.