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(영문) 광주지방법원 2018.10.11 2017구합13219

건축허가 처분등 무효확인

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1. On December 20, 2016, the Defendant’s disposition of permission to construct animal and plant-related facilities (e.g., money) against B is invalid.

Reasons

1. Details of the disposition;

A. From December 12, 1997, Naju-si and a ground stable were owned by D, and the ownership was transferred to E by means of voluntary auction on February 15, 2012, and again, the ownership was transferred to B due to sale on July 29, 2014.

B. On the other hand, D reported to the Defendant on May 17, 2002 that the said report was accepted on May 17, 2002 by reporting that the Defendant installed a swine breeding facility, which is a livestock excreta discharge facility of 336 square meters, 280 square meters, and 193.6 square meters (in total, 809.6 square meters) on C’s land.

C. B filed a report with the Defendant on November 22, 2016 that he/she succeeded to the status of the installer, etc. of the discharge facilities. D.

B On December 13, 2016, B filed an application with the Defendant for a construction permit to newly build animal and plant-related facilities (hereinafter collectively referred to as “the instant livestock shed”) with a total floor area of 1,609.93 square meters, as indicated below, on the ground of the land outside of F, H, C, and three lots (hereinafter collectively referred to as “instant land”).

E. The instant land constitutes part of the restriction area where the raising of pigs is limited to a residential smuggling area under the former Ordinance on the Restriction on Livestock Raising in Naju-si (Amended by Ordinance of 1306, Mar. 22, 2017; hereinafter “Naju-si Ordinance”).

Main building 1 - A main building with a total floor area of 661.5 square meters - A house with a total floor area of 308.7 square meters / An annexed building with a total floor area of 352.8 square meters - an annexed building with a total floor area of 220.5 square meters - 2 an annexed building with a total floor area of 64.22 square meters - an annexed building with a total floor area of 3-

F. On December 13, 2016, B changed livestock excreta discharge facilities of the aggregate of 809.6 square meters to 661.5 square meters and 308.7 square meters (total 970.2 square meters), and reported the addition of F, G, and H to the lot number of a place of business. On December 20, 2016, B filed the said report with the Defendant.

G. On December 20, 2016, the Defendant, following consultation on whether the Ordinance on Restriction on Livestock Raising conflicts with the Ordinance on Restriction on Livestock Raising and on the report on the change of livestock excreta discharge facilities, etc., permits the construction of livestock pens in the instant case.