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(영문) 청주지방법원 2018.06.21 2017구합3224
건축허가신청 불허가처분취소
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. 1) The Plaintiff had a stable and a detached house constructed on the ground of 7,318 square meters in aggregate of 3,240 square meters and 4,078 square meters in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, and D farm site. The Plaintiff had a stable and a detached house constructed on the ground of 7,318 square meters, and is currently 4,349.35 square meters in the building area (hereinafter “existing stable of this case”).

(2) On May 24, 2017, the Plaintiff filed an application for a construction permit with the Defendant to extend animal and plant-related facilities (hereinafter “the instant extension stable”) on the ground of 13,874 square meters (hereinafter “the site for the instant extension”) in total of 6,556 square meters of existing livestock shed sites and forests E-gun in Chungcheongbuk-gun, Chungcheongnam-gun, Chungcheongnam-do (hereinafter “the site for the instant extension”).

(2) On May 24, 2017, the Plaintiff, on June 26, 2017, changed the area into 15,785 square meters from May 24, 2017, the Plaintiff, on May 24, 2017, as well as 12,445 square meters, F forest land and 3,432 square meters, G previous 2,479 square meters, and 19,151 square meters (hereinafter “the place of application for new construction of this case”). Of these, the Plaintiff, on June 26, 2017, changed the area into 15,785 square meters.

(2) As to the ground area, animal and plant-related facilities with a building area of 5,870m24m2 (hereinafter “new construction of this case”).

2) The Defendant filed an application for the construction permit with the Defendant to newly construct the instant construction (hereinafter “instant application”), and the “each of the instant applications” in the instant application and including the instant extension application.

B. Each disposition of this case and the progress of the administrative appeal

(a) Environmental damage occurs to neighboring areas, such as the generation of malodor due to the characteristics of business, etc., and if livestock excreta, etc. generated in the course of operating livestock pens are discharged, direct and indirect damage is anticipated to occur to neighboring residents' health and environment;

The date of receipt of an application for a construction permit shall be based on the date of the disposition in this case, and the currently permitted area is not permitted as a restricted area for raising livestock. 1) On August 31, 2017, the Defendant rendered each non-permission disposition against the Plaintiff on each of the instant applications against the Plaintiff (hereinafter “each of the instant dispositions”).

(2) The Plaintiff is the Plaintiff’s agent.

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