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(영문) 대전지방법원 2020.01.30 2018구합104657
건축불허가처분취소
Text

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. On April 3, 2018, the Plaintiff filed an application with the Defendant for a building permit stating that he/she will build Dong and plant-related facilities (hereinafter “instant livestock shed”) of the total floor area of 7,526.82 square meters in the area consisting of four buildings on the ground of 7,450 square meters (hereinafter “instant application site”) among 9,587 square meters in Tae-gun, Chungcheongnam-gun, Chungcheongnam-gun (hereinafter “instant application site”).

(hereinafter “instant application”). (b)

As a result of the consultation with the relevant department on the instant application, it was confirmed that it is necessary to grant conditional permission and supplement from the Taean-gun Environmental Forest Department as follows, and on April 17, 2018, the Seoul-gun Environmental Forest Department:

A reply was made to the effect that a non-consultation was made for the same reasons as the reasons for the disposition.

[Conditional Permission] Environmental Impact Assessment Act: In a case where the total area of a business area of at least 7,500 square meters or the total area of a waste-generating facility and disposal facility is at least 5,000 square meters, it shall be subject

(zb) Clean Air Conservation Act: It shall be subject to a prior report on a scattering dust generation project prior to the commencement of the project. The Noise and Vibration Control Act shall be subject to a prior report on specific construction project prior to the commencement of the project at the time of use of heavy equipment (clater, etc.) for at least five days; and the Wastes Control Act shall be reported to the discharger

(b) [Supplementary] Design Submission - Redesign in line with the legal standards, such as design specifications, details of disposal of pollutants, water quality standards, etc. of purification disposal facilities, - formulation of appropriate management measures to reduce malodor and pests generated in the course of the process, such as non-use specifications, non-use quantity calculation, livestock excreta discharge facilities and disposal facilities, etc., and submission of a plan to prevent the divulgence of livestock excreta and non-point pollution sources generated in the place of business of livestock pens and non-point pollution sources to C and surrounding farmland in the field of livestock excreta and non-point pollution pollution sources, such as installation of detailed mechanical facilities and the location map, etc. of discharge outlet map attached to the plan to prevent the leakage of livestock excreta

On April 19, 2018, the defendant is as follows.

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