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(영문) 광주지방법원 2011.12.22 2011구합2279
폐기물재활용신고반려처분취소
Text

1. The plaintiff's primary claim shall be dismissed.

2. The plaintiff's conjunctive claim is dismissed.

3. The costs of lawsuit are assessed against the Plaintiff.

Reasons

Details of the disposition

The Plaintiff is a person who operates a wood farm (hereinafter referred to as “instant tree farm”) in the area of 1,224 square meters in the area of 1,224 square meters in the Jeonnam-gun, Jeonnam-gun, 30 square meters in the area of 1,736 square meters in the area of D

On February 2, 2007, the Plaintiff installed one greenhouse (area 100 square meters; hereinafter “the instant vinyl”) with the steel pipe structure using the original breeding facility on the ground of the instant wood farm site, and thereafter, installed one greenhouse (area 100 square meters, hereinafter “the instant vinyl”). From around that time, the Plaintiff laid the ducks of 50-60 mar (current 120 mar) inside the instant wood farm, and laid the ducks of 50-60 mar (current 120 mar) from that time, and operated the instant tree farm in such a way as to let the original spawn, spathn, or harmful insects, etc., spawn from the said farm, and let the original spawn flown of the original spawn.

Since then, the Plaintiff reported waste recycling to the Defendant on October 8, 2010, for recycling food wastes by means of using original food wastes as drinking, and for recycling them as feed of 800 mariths, i.e., an original 800 mariths, after transporting and crushing food wastes (mariths) to the Defendant.

On October 19, 2010, the Defendant filed a report on waste-generating and disposal facilities in accordance with the former Act on the Management and Use of Livestock Excreta (amended by Act No. 10893, Jul. 21, 201; hereinafter “the Livestock Excreta Act”) with the Plaintiff on October 19, 201, where the area of livestock waste-generating facilities due to the raising of ducks is not less than 150 square meters. The Defendant rejected the report on the instant waste-generating and disposal facilities on the ground that the distance from the F Village located in Seongdong-gun, Sung-gun, Sung-gun, constitutes an area where livestock raising is restricted pursuant to Article 3 of the Ordinance on the Restriction of Livestock Raising of Ma-gun (hereinafter “Ordinance on the Restriction of Livestock Raising”).

(hereinafter “instant return disposition”). The Plaintiff shall file an objection with the Defendant on March 16, 201 in the form of an objection.

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