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(영문) 전주지방법원 2021.01.14 2020구합1541
대기배출시설설치신고 반려처분 취소
Text

1. On June 22, 2020, the Defendant’s refusal to accept the report on the installation of air pollutants against the Plaintiff shall be revoked.

Reasons

1. Details of the disposition;

A. On November 16, 2018, the Plaintiff filed an application with the Defendant for permission to change the use of the second floor among the second floor buildings on the ground of 2,106 square meters (hereinafter “the instant building”) on the ground of B warehouse site in North Korea-gun, North Korea-gun, the Plaintiff owned by the Plaintiff (hereinafter “the instant application site”) into “a veterinary hospital, warehouse,” and “an animal cremation facility (not including changing the funeral hall for animals)” and “a warehouse,” but the Defendant rendered non-permission on December 10, 2018.

B. On January 17, 2019, the Plaintiff filed a lawsuit against the Defendant with the Jeonju District Court 2019Guhap92, and the said court rendered a judgment revoking the said disposition on October 23, 2019, and the said judgment became final and conclusive around that time.

(c)

After that, the Plaintiff obtained the above permission from the Defendant and changed the use of the second floor among the instant building.

(d)

On March 5, 2020, the Plaintiff filed an application for registration of animal funeral business with the Defendant on the premise that the Plaintiff had an exclusive animal funeral facility prescribed by the Animal Welfare Act, and the Defendant issued a certificate of registration of animal funeral business (animal funeral) to the Plaintiff on March 5, 2020.

E. On May 26, 2020, the Plaintiff filed a report on the installation of an animal crematory facility (hereinafter “instant facility”) with the Defendant in order to install the instant facility (hereinafter “instant report”).

F. On June 22, 2020, the Defendant registered the funeral business (change) of the Plaintiff only at a place where at least 300 meters away from the area where at least 20 households were densely authorized pursuant to Article 33(4)5 of the Animal Protection Act. Since there are ten farmers within 300 meters from the filing date of the instant application and there are at least 70 households in the village adjacent thereto, the Defendant’s refusal to accept the instant report on the ground that the registration of the funeral business (change) is impossible in the instant application site (hereinafter “the instant application site”).

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