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(영문) 광주지방법원 2018.11.29 2017구합13363

건축허가신청반려처분취소

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff constructed a stable on the ground of 108 square meters in B, B, 4595 square meters (hereinafter referred to as “existing house site”). From February 2015, the Plaintiff constructed a stable on the ground of 108 square meters (hereinafter referred to as “existing house site”; hereinafter the same shall apply) and constructed a vinyl on the ground of 384 square meters (hereinafter referred to as “the instant house site”) adjacent to the previous house site among the said B’s land on October 2015, on which pigs were raised from February 2015, and around 387 square meters in which pigs were raising from February 2015.

B. Accordingly, around 2017, the Plaintiff: (a) requested the Plaintiff to grant ratification permission on the instant money death, and paid KRW 171,000 for enforcement fines on September 28, 2017, on the ground that the Defendant was constructed without filing a report on the construction thereof; and (b) requested the Plaintiff to pay the charge for compelling compliance immediately without any separate corrective order and guidance.

C. On the other hand, on September 10, 2017, the Plaintiff filed a report on the construction of the instant house with respect to the instant house for the purpose of raising 274 pigs to the Defendant. On October 26, 2017, the Defendant returned the said report to the Plaintiff on the following grounds (hereinafter “instant disposition”).

1. Where multiple households (No. 19) are concentrated within 200 meters from the boundary of the site subject to the application for temporary buildings, the operation of livestock pens is highly likely to cause bad living conditions for local residents due to noise or pests from other malodors, and Article 4 of the Ordinance on the Restriction on Livestock Raising when leisures apply mutatis mutandis;

2. A person who operates a discharging facility shall comply with the standards for permissible emission of malodor under Article 7 of the Malodor Prevention Act in accordance with the standards for the management of discharging facilities and disposal facilities under Article 15 [Attachment Table 6] of the Enforcement Rule of the Act on the Management and Use of Livestock Excreta, but an applicant simplified stable shall be in the course of operating a stable with a structure in which the emission of foul waste generated from the relevant cattle shed is not smooth;