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(영문) 청주지방법원 2018.10.25 2018구합413

우사신축허가

Text

1. All of the instant lawsuits are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the instant case

A. On March 30, 2017, the Plaintiff filed a request for prior examination of complex civil petitions with the Defendant as to whether it is possible to construct livestock pens on the ground of the land on the 4th parcel, Macheon-gun, Chungcheongnam-gun, and the other four parcels of land.

B. On April 6, 2017, the Defendant notified the Plaintiff of the result of the prior examination that “The issue of whether the land category applied for is possible to build animal and plant-related facilities (a livestock shed) with an agricultural and forest area, etc., the field of which is the answer, should be possible if the conditions of permission are met according to the results of the review by each department,” and that “The detailed matters should be known to the relevant department at the time of inquiry” (Evidence B; hereinafter “instant notification”).

[Ground of recognition] Facts without dispute, Gap evidence 1, 3, Eul evidence 1 to 3, the purport of the whole pleadings

2. The attachment to the relevant Acts and subordinate statutes shall be as follows;

3. The plaintiff's assertion that the construction permit was illegally rejected by applying the Ordinance on Restriction on Livestock Raising, which was not yet implemented at the time of the notice of this case. Accordingly, the plaintiff suffered enormous property loss due to the disruptions in the construction of livestock pens. Thus, the defendant must revoke the notice of this case and grant permission for new construction of cattle pens to the plaintiff.

4. Whether the lawsuit of this case is legitimate

A. 1) The Defendant’s notification of the result of the preliminary examination of this case’s main safety defense does not directly affect the Plaintiff’s rights and obligations, and it does not constitute an administrative disposition subject to appeal litigation. 2) The Civil Petitions Treatment Act (hereinafter “Civil Petitions Treatment Act”) provides that, in the case of a civil petition involving large-scale economic costs, the civil petitioner may request a preliminary examination with a summary document before submitting a civil petition document to the head of the administrative agency (Article 30(1)), and the head of the administrative agency shall notify the civil petitioner of the result of the preliminary examination, and the civil petitioner shall later notify the details of the civil petition notified as possible.