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(영문) 부산고등법원(창원) 2020.10.21 2020누10350

건축허가신청반려처분취소

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the above judgment, except where the plaintiff added or emphasized the part of the judgment of the court of first instance as stated in Paragraph 2, and the plaintiff added or emphasized the argument that this court added or emphasized it, as stated in Paragraph 3.

Therefore, it shall be quoted in accordance with Article 8 (2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

2. Parts which are dismissed or deleted from among the judgment of the first instance; and

A. The second 5 to 6 vehicles “wastewater discharge facilities (60 square meters of livestock breeding facilities) and saw treatment facilities (a saw discharge effective facilities and storage liquidization facilities)” are as follows. The second 5 to 6 vehicles “livestock wastewater purification facilities (60 square meters of the size of livestock breeding facilities, 120 square meters of the saw discharge facilities, 51.7 square meters of the quantity of the saw discharge facilities, and 51.7 square meters of the capacity of the storage liquidization facilities)” are as follows. Each State 1) the certificate (A 5-1) of the report on installation of discharge facilities subject to reporting is written as “Enforcement Rule of the Act on the Management and Use of Livestock Excreta,” but the first report on May 2, 1991 appears to have been accepted in accordance with the former Wastes Control Act (wholly amended by Act No. 4363, Mar. 8, 1991; hereinafter “former Wastes Control Act”).

Meanwhile, at the time of the initial report, the former Wastes Control Act or the former Water Quality Conservation Act (amended by Act No. 4536, Dec. 8, 1992; hereinafter “former Water Quality Conservation Act”) regulates livestock wastewater as to the scale of livestock excreta at the time of the livestock shed. However, the Act governing the reporting or permission on the discharge, purification, and installation of disposal facilities became unified, and thus, the former Act on the Disposal of Sewage, Excreta and Livestock Wastewater (amended by Act No. 4364, Mar. 8, 191; hereinafter the same shall apply) was enacted by Act No. 8014, Sep. 27, 2006. < Amended by Act No. 8010, Sep. 27, 2006>