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(영문) 광주고등법원 2018.11.15 2018누5030
건축허가무효확인청구
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Details of the disposition;

A. On February 14, 2005, the previous livestock shed No. 1) The network No. 1 (hereinafter “existing application site”) refers to the area of 433 square meters in Hagu-gun, Chungcheongnam-gun, Chungcheongnam-do, D, 324 square meters in size, and 1,714 square meters in land for a F farm (hereinafter “existing application site”).

3) Ground stable 155m2, 1555m2, 1555m2 (hereinafter “existing stable”).

A) A livestock farming business (livestock breeding business) was registered on March 10, 201, and a livestock breeding business was licensed on the 2,347.5 square meters of livestock raising facilities by adding 2,792 square meters to 2,347.5 square meters of adjacent land on March 10, 2010. (2) A general building ledger prepared on May 25, 2006 is registered as 2,970 square meters of the existing 3 livestock pens, and the remainder of 585.1 square meters of a building is not registered on a general building ledger because it did not obtain a building permit.

3) On May 14, 2014, the Defendant prepared and published a topographical map on the area where livestock raising is restricted. 4) On May 13, 2015, the fire occurred and three existing livestock pens were moved down.

B. (1) On October 13, 2015, A acquired ownership of 1,669 square meters prior to E on October 13, 2015, and on March 29, 2016, A acquired ownership of 1,669 square meters prior to the previous filing place and the instant filing place to the Defendant on March 29, 2016.

2) 2 Dongs-related facilities (mixers) with a total building area of 1,646.4 square meters on the ground (hereinafter “instant livestock shed”).

(2) The Plaintiffs opposed to the construction of the instant stable by submitting a petition to the Defendant, as a resident residing near the instant application site.

3) On July 7, 2016, the Defendant permitted the instant construction permit on the ground that “the instant construction permit is issued on the grounds that it was a relative restricted area or a flag establishment report designated by the former Ordinance on the Restriction on Livestock Raising of Pyeongtaek-gun (amended by the Ordinance No. 2350, May 15, 2017; hereinafter “instant Ordinance”). The extension or remodeling of existing livestock raising facilities does not exceed the existing 50%, but it is possible to extend it by 27% of the existing building (the building area indicated in the livestock farming permit: 1,55m2).”

C. The instant case.

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