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(영문) 대구지방법원안동지원 2014.04.24 2012가합10

공사중지

Text

1. Between the Plaintiff D, G, andN, the Defendant operates livestock pens, plant-related facilities, and facilities on the ground of Ansan-si and AU land.

Reasons

1. Facts of recognition;

A. The party status and the instant construction work 1) in April 2006, the Defendant constructed 2 Dong (Ga, Dong), and 156.94m2 of the steel pipe structure compost in the size of 192m2 on the AV land on the ground of the Gadong-dong-dong-dong-dong-dong-dong-si in 2006, respectively, and was approved for use on April 20, 2006, and raised Chinese rain in the said building (hereinafter “existing stable” and “AW” is deemed to be “AW.”

(2) The existing livestock shed is located at a place where approximately 1.3 km away from the AX-si, Ansan-si, to the south, according to the AY, at approximately 1.3 km. The Plaintiffs reside in a village formed in the vicinity of the AX and AY's regress through AY in accordance with the AY (hereinafter referred to as "AW village"), own land or buildings in AW village, or are engaged in agricultural activities in AW village.

The status of the plaintiffs' specific residence is below the following.

As seen in the subsection.

3) AW village is in a valley surrounded by a high mountain, and a river located near the existing stable flows into a AW village in accordance with valleys. 4) The Defendant, around December 2010, in the city of Ansan-dong in December, 2010, 2 Dong-gu, AT and AU land (1,650 square meters in operation as well as 503.56 square meters in size used as a compost (192 square meters in operation as well as the existing stable part).

A) An application for a building permit was filed on January 3, 201 to extend a total floor area of 2,153 square meters [2,153 square meters], and on January 3, 201, an extension was permitted.

Land AV where an existing stable is located and AT and AU land which are planned to be expanded as a stable are adjacent thereto.

5) From April 201, the Defendant started the construction of a stable extension since April 201 (hereinafter “the instant construction work”), and the AT and AU land, the planned site for the expansion of a stable, are “the instant construction site.”

6) The heavy equipment necessary for the instant construction was brought into the site of the instant construction project through AY, leading to AW Village.

B. The plaintiffs' construction work of this case.