손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On January 3, 2012, the Plaintiff obtained a building permit for new construction of animal and plant-related facilities (hereinafter “instant land”) with respect to the company aimed at managing the agricultural and livestock products as well as the incidental business, and from the head of Manyeong-gun, Chungcheongnam-gun, and one parcel (hereinafter “instant land”).
On February 28, 2017, the Plaintiff filed an application for permission to revise the construction permit with the head of Bupyeong-gu Gun to change the main purpose of the facility to a money death.
B. On April 10, 2017, on the ground that the instant land constituted a relative restricted area prescribed in Article 4(2) of the former Ordinance on the Restriction on Livestock Raising of Hamyeong-gun (amended by the former Ordinance No. 2350, May 15, 2017; see the relevant Act and subordinate statutes) on the grounds that there is a neighboring house within 600 meters of the instant land, and thus, the head of Hamyeong-gu rendered a disposition of non-permission for modification of the matters permitted for construction on the ground that it is inappropriate to be the site of livestock pens for raising pigs.
(hereinafter referred to as “instant disposition”). C.
On July 7, 2017, the Plaintiff filed a lawsuit seeking revocation of the instant disposition with the Gwangju District Court 2017Guhap11879, and on April 26, 2018, the court rendered a judgment dismissing the Plaintiff’s claim on the ground that “as the buildings located within 600 meters from the instant land actually reside for residential purposes, it constitutes neighboring houses prescribed in the instant ordinance provisions, and the instant land constitutes a restricted area.”
On May 15, 2018, the Plaintiff lodged an appeal with the Gwangju High Court Decision 2018Nu4563 regarding May 15, 2018, and the appellate court rendered the appeal on November 8, 2018, “area in need of the protection of the living environment in a densely concentrated residential area” as prescribed by Article 8(1)1 of the Act on the Management and Use of Livestock Excreta, which is a delegation provision of the instant Ordinance provision, is “area in need of the protection of the living environment related to daily life as a space in which a large number of people live and live.”