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(영문) 대전지방법원 2020.06.10 2019구합101068
무허가축사 적법화 신청(이행계획서)반려처분취소 청구의 소
Text

1. On November 22, 2018, the disposition that the Defendant rendered against the Plaintiff on November 22, 2018 rejecting the application for lawfulness of an unauthorized livestock shed shall be revoked.

2...

Reasons

1. Details of the disposition;

가. 원고는 원고의 조부(祖父)와 부(父)가 1978.경 충남 청양군 B 외 1필지 합계 2,935㎡(이하 ‘이 사건 신청지’라 한다)에 허가 없이 건축하여 운영하던 돈사(이하 ‘이 사건 축사’라 한다)를 이어받아 ‘C’이라는 상호로 현재까지 이를 운영하고 있다.

B. On March 8, 2018, the Plaintiff submitted to the Defendant an application for permission for the installation of livestock excreta discharge facilities related to the instant livestock pens (hereinafter “instant application”), on two occasions on September 21, 2018, and on September 24, 2018, pursuant to the government’s policy on the lawfulness of the instant livestock shed.

C. On October 17, 2018, the Defendant demanded the Plaintiff to supplement the lawful implementation plan as follows:

(hereinafter “instant request for supplementation.” The petition, etc. is submitted by the head of the village, etc. by November 30, 2018, along with the detailed plan for reducing malodor (such as the installation of malodor reduction facilities) and the written consent of residents, to the effect that the plan for reducing malodor is insufficient in relation to the application for the lawfulness of the unauthorized livestock shed for the delivery of the thickness and the submission of the implementation plan for the lawfulness of the lawful livestock shed. The petition, etc. is filed that many residents, such as the head of the village, do not leave the village. If the written plan for reducing malodor and the written consent of residents are not submitted by the above deadline, it is known that it is intended to dismiss the lawfulness of the unauthorized livestock shed if the written plan for reducing malodor and the written consent of residents are not submitted. D.

On November 22, 2018, the Defendant rendered a disposition rejecting the instant application on the following grounds:

(hereinafter “instant disposition”). Of the matters to be submitted in the implementation plan, a person filed an application with the village resident in March 2018 and the result of the village conference in November 19, 201, for the purpose of preventing malodors by closing 160 square meters of 350 square meters, reducing the size of 30 square meters, and minimizing the generation of malodors through improving facilities with respect to money death.

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