가축분뇨배출시설 설치허가취소처분 취소
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.
Details of the disposition
The court's explanation on this part is the same as the reasoning of the judgment of the court of first instance in accordance with Article 8 (2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.
The Plaintiff’s assertion of the parties to the instant disposition should be revoked on the following grounds.
In rendering the instant disposition, the Defendant’s procedural defect must indicate the fact to the extent that the Plaintiff could have known what constitutes the instant disposition, and even according to the content of the instant disposition, there is no specific fact-finding indicating what the Plaintiff’s act was at issue, and what modification permission or modification report was made by false or other unlawful means.
The instant disposition is an unspecified defect in the grounds for the disposition.
The plaintiff alleged in relation to Article 18 (1) 1 of the Act on the Management and Use of Livestock Excreta without a substantive reason for disposal of livestock excreta (hereinafter referred to as the "livestock Excreta Act") shall obtain the permission of this case by obtaining permission of alteration or filing a report of alteration in accordance with normal procedures, and shall complete the extension of discharge facilities in accordance with the contents of the permission of alteration or report of alteration, and
In the process of obtaining permission for change, the Plaintiff did not use false or other unlawful means, such as falsely cultivating or manipulating the documents or materials for examination.
The Defendant’s non-compliance with the Plaintiff’s terms and conditions of permission or the act of discharging livestock excreta without permission is not related to the permission for change or report on change.
The plaintiff does not constitute a case where the plaintiff prescribed in Article 18 (1) 1 of the Livestock Excreta Act has obtained permission for alteration by fraud or other improper means.
The defendant's assertion related to Article 18 (1) 10 of the Livestock Excreta Act shall be the first instance court as follows: