2...

The plaintiffs are residents living in the Ham-gu W village in the Jeonnam-gun.

From September 10, 1994, the Defendant: (a) newly constructed one map (hereinafter referred to as “former map”) on the ground of X and three parcels (hereinafter referred to as “the instant application site”); and (b) raised the chickens; and (c) around December 31, 201, the Defendant newly constructed a new map (hereinafter referred to as “new map”) on the land located far away from the village and removed the old map on the land located far from the village; and (d) raised all the chickenss in the old map and the new map without removing the previous map.

On November 6, 2014, the Defendant filed an application with the Defendant for a construction permit (hereinafter “instant application”) in order to newly build animal and plant-related facilities with a total floor area of 3,215.7 square meters on the ground of the instant application site (hereinafter “instant fraternity”) (hereinafter “instant application”). On November 21, 2014, the Defendant permitted the construction of the instant fraternity (hereinafter “instant disposition”).

[Ground] In the absence of dispute, Article 4(4) and (5) of the former Ordinance on the Restriction on Livestock Raising in Pyeongtaek-gun (amended by Presidential Decree No. 2241, Dec. 4, 2015; hereinafter “Ordinance on the Restriction on the Livestock Raising in Hagum-gun”), which states that “the construction of new livestock-raising facilities within the relative livestock raising restriction area may be increased or reconstructed within 50% of the construction area of the existing facilities if there are existing livestock-raising facilities within the relative livestock raising restriction area,” “new construction of the livestock-raising facilities in the relative livestock-raising restriction area is less than three households,” and “the consent of the relevant entire household is obtained” as “the number of households living in the room is less than three households,” and “the consent of the entire household is obtained.”

However, the application of this case is an extension or reconstruction of the old fraternity.