건축허가신청불허가처분취소청구
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. The grounds for the court's explanation concerning this case are as follows: the defendant's "the defendant" in the sixth 19 of the judgment of the court of first instance shall be deemed to be within the jurisdiction of Macheon-si, and the third 7th 20 to 8th 10 of the judgment of the court of first instance
C. 2) Except as set forth below 2, Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act are cited on the grounds of the judgment of the first instance.
2. As the facility of this case is designed to treat food wastes in a completely sealed state from the loading and unloading stage, there is a fundamental difference from the open-end treatment facilities. The malodor generated in the operation process of the facility of this case is also prevented from spreading to the outside by control facilities of four malodor control facilities, seized them, and discharges them into the atmosphere. As such, there is a low possibility that separate food, wastewater and water can be generated, since it is a drying method through a biochemical reaction.
In addition, similar facilities installed around January 2012 by the contractor of the instant facilities (the place of business of Bosung C&W Co., Ltd. located in the city) meet the permissible emission standards prescribed in the Malodor Prevention Act in the installation inspection in 2012 and the facility inspection in 2013, and did not be designated as facilities subject to reporting under the Malodor Prevention Act.
Although there is a fact that malodor in excess of permissible emission levels has been discovered twice as a result of the filing of a civil petition about the occurrence of malodor in the above similar facilities around May 2013, it seems that there was no civil petition due to malodor after Echeon-si improvement recommendation and the occurrence of malodor in excess of permissible emission levels has not been discovered (the civil petition arising from the fact inquiry by the court of the first instance is mostly about the other companies, and all of them are filed by one person). In light of the above circumstances, it is established in 2012.