가축분뇨배출시설 설치신고 불승인 취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. D obtained approval for the use on November 8, 1994, with respect to the 1,651 square meters of a pipe tower and the 780.8 square meters of a pipe tower on the ground surface of 1,079 square meters of a G farm site, and 360 square meters of a pipe pipe, strekele, and a 360 square meters of a single-story (hereinafter “F and G land”) on the ground surface of 1,079 square meters of a G farm site, and obtained approval for the use on August 14, 1996 for each of the instant land sites of this case. < Amended by Act No. 5196, Apr. 19, 200>
B. According to the Director of the Feed Supply Agency with respect to the instant fraternity, even though around December 2010 records that feed was supplied to the instant fraternity, the instant fraternity was not operated thereafter, and as of June 3, 2013, the report on the closure of livestock farming business was made, and the present livestock shed building was left abandoned in the state of partial destruction.
C. Article 3(1) and (2) [Attachment] of the former Ordinance on Areas where Livestock Raising is Restricted (amended by Ordinance No. 2377, Jul. 5, 2017; hereinafter “former Ordinance on the Audio-Gun”) of the said Ordinance (amended by Ordinance No. 2377, Jul. 5, 2017; hereinafter “former Ordinance on the Audio-Gun”) stipulated that the restriction on livestock breeding should be imposed in an area within 500 meters from the residential smuggling (area with at least seven houses) to the boundary of livestock shed site, and the said Ordinance was enforced from June 3, 2014, which was the date on which the amendment of the topographical map subject to the restriction on livestock breeding by the Audio-Gun was announced, and the instant Ordinance became effective in the area subject to the restriction on livestock breeding.
The Ordinance on the Audio-gun Livestock Raising Restriction Area (hereinafter referred to as the "Ordinance of the Audio-Gun") currently being implemented is subject to the restriction on livestock breeding in an area within 800 meters from the boundary of the livestock shed site in a residential densely-populated area. Therefore, even according to the current Ordinance of the Audio-Gun, it belongs to the area where livestock raising is restricted.
The Plaintiff completed the registration of ownership transfer on February 28, 2018 due to sale on February 7, 2018.
E. The Plaintiff’s instant case on March 21, 2018.