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(영문) 청주지방법원 2018.02.22 2017구합2795

건축허가신청반려처분취소

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. Article 3(1) [Attachment I] of the former Ordinance on the Management and Use of Livestock Excreta in Cheongju-si (Amended by Ordinance No. 648, Jul. 7, 2017; hereinafter “former Ordinance on Cheongju-si”) stipulates that “area within 500 meters in a straight line from a population concentration area 50 meters in a radius, regardless of livestock species” as part of the livestock breeding restriction area pursuant to the delegation of Article 8 of the Act on the Management and Use of Livestock Excreta (hereinafter “livestock Excreta Act”), but the designation of a livestock-raising restriction area in accordance with the attached Table 3(1) [Attachment I] of the same Ordinance on the Management and Use of Livestock Excreta in Cheongju-si-si (Amended by Ordinance No. 648, Apr. 28, 2017; hereinafter “former Ordinance on the Management and Use of Livestock Excreta-si”); however, the designation of a livestock-raising restriction area within the scope of 10 meters in a straight line from July 7, 2017 to May 18,

B. Meanwhile, on November 16, 2016, B (the representative director C) sold land to D, the father of the Plaintiff, on condition that D, about 820 meters away from the population congested area, he/she shall obtain permission for the construction of money on the land in the name of Cheongju-si E-gu E- 6,770 square meters, F forest land 186 square meters, G forest 105 square meters, and then filed a prior request with the head of Cheongju-si, Chungcheongnam-si to construct a new plant-related facility on each of the above land in the name of Cheongju-si and to construct a road. On February 13, 2017, B (the representative director C) received a comprehensive opinion from the head of Cheongju-si, the head of Cheong-si, stating that in relation to the National Land Planning and Utilization Act, he/she shall undergo deliberation by the Urban Planning Committee, and received notification from the said committee on June 29, 2017.

(c).