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(영문) 대전지방법원 2017.11.01 2017구합102319
건축복합민원허가신청서 불허가처분취소
Text

1. On March 20, 2017, the Defendant revoked a disposition of non-permission to file an application for a complex civil petition with the Plaintiff.

(c) 2.2.

Reasons

Details of the disposition

On June 12, 2015, the Plaintiff filed an application for a construction permit with the Defendant to newly build animal and plant-related facilities of approximately KRW 3,480 square meters of building area on the ground of the land outside Geumnam-gun and three lots (hereinafter “instant application site”).

The application of this case is located within 682m in a straight line from the Damsan-gun, Chungcheongnamsan-gun, the nearest residential congested area.

On October 20, 2015, the Defendant issued a disposition of non-permission on the ground that the instant application filed against the Plaintiff constitutes an area subject to restriction on raising of livestock under Article 3(1)1 [Attachment Table 2] of the Ordinance on Restriction on Livestock of Geumsan-gun (amended by Ordinance No. 1996, Sept. 7, 2015; hereinafter “the previous Ordinance prior to the amendment of the instant case”).

(hereinafter “First Non-permission Disposition”). Before the amendment of the instant Ordinance, the term “1,200 meters from the residential smuggling area (five or more households)” was defined as the minimum distance of restriction on raising livestock with regard to chickens.

Before the amendment of this case, regardless of the quantity of livestock raised, the size of livestock shed, and whether eco-friendly facilities are installed, the ordinances uniformly stipulate 1,200 meters from the residential smuggling area as the restricted distance, and there is no change in circumstances or reasonable grounds for the rapid expansion of the restricted distance and area from the existing 400m to the 1,200m to the 1,200m for the protection of the living environment in the residential smuggling area. According to the previous ordinances before the amendment of this case, the total area of Geumsan-gun is about 577,364,333m of 498,80,802,92m of 56m2 from the total area of Geumsan-gun, which is about 86.39mm2 from the total area of Geumsan-gun, and there is no difference in the prohibition of raising livestock in most areas in Geumsan-gun-gun. This result is to promote the sustainable development of the livestock industry in harmony with the environment.

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