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(영문) 대전고등법원 (청주) 2018.04.11 2017누3466
건축신고(복합민원)불수리처분취소 청구의 소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The reasoning of the judgment of the court of first instance cited by the court of first instance is the same as the part of the reasoning of the judgment of the court of first instance, except for adding the defendant’s assertion and judgment thereto as set forth in the following paragraph (2). Thus, the reasoning of the judgment of the court of first instance cited by including the abbreviation thereof pursuant to Article 8(2) of

2. The addition;

A. The summary of the defendant's assertion in this court

The term "resident" under Article 3 (3) 2 of the Ordinance of Jincheon-gun (Article 3 (3) 2 of the former Ordinance of Jincheon-gun) of this case means an individual, and interpreting it as "household" refers to a group of households exceeding the limit of inquiry.

In addition, residents requiring the consent to increase in the livestock raising shed are not limited to residents living in a residential densely-populated area, and residents of the housing located within 200 meters in straight line from the boundary of the livestock shed site of this case.

In addition, the residents of the above house refer to those who are registered as residents of the house regardless of whether they actually reside.

According to such interpretation, the ratio of the residents who obtained consent from the Plaintiff does not exceed 70/100 as required by the Ordinance provisions of this case. Thus, the disposition of this case, which did not accept a construction report ( complex civil petition) on the extension of the Plaintiff’s stable, is legitimate.

B. The definitions of the terms used in this Ordinance under Article 2 (Definitions) of the contents of the Ordinance of the Jincheon-gun are as follows:

6. The term "residential zone" means an area where the distance between outer walls of a building (including an appurtenant building) is at least five houses (excluding closed houses) located within a maximum of 50 meters;

7. The term "closed house" means an abandoned house which has ceased to supply electricity from the Korea Electric Power Corporation and has been abandoned, such as the absence of locking devices;

Article 3 (Restrictions on Livestock Raising) (1) The entire restricted area for livestock raising under Article 8 (1) of the Act shall be "restricted area" and "part restricted area."

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