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(영문) 대전고등법원 2019.11.14 2018누13115
건축허가신청 불허가처분 취소
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The grounds for appeal by the plaintiffs citing the judgment of the court of first instance are not significantly different from the allegations in the court of first instance, and the fact-finding and judgment of the court of first instance are justified even if the parties' claims are examined by adding the evidence submitted to the court of first instance to the

Therefore, the reasoning of the judgment of this court is as follows, except for supplementing the reasoning of the judgment of the court of first instance as stated in paragraph (2) and adding the judgment of the plaintiffs as to the plaintiffs' assertion as stated in paragraph (3), and therefore, it is identical to the reasoning of the judgment of the court of first instance. Thus, it is acceptable as it is in accordance with Article 8(2) of the Administrative Litigation

2. The Act on the Management and Use of Livestock Excreta in Part 7 in Part 3 (hereinafter “Act on the Management and Use of Livestock Excreta”) shall be added to the following:

In the 5th page, the term “livestock” in the 4th place shall be deemed to be “livestock Burial”, and the term “unable” in the 7th place shall be deemed to be “unable”.

From the bottom of the 6th to the 2nd "2,600 heads" shall be "2,660 heads".

Part 9-7-8 "Nos. 12, 14, 15, 18, 22, 23 through 26, 33 through 36, 41, 52, 54, 61, 63, 66, 68 through 71."

Part 9, “Each Disposition” of Part 10 shall be added to “the mistake in recognizing specific reasons for disposition” next.

From the bottom of the 9th to the 4th 5th 5th 201, the phrase " shall not be viewed solely on the ground that it does not exist."

Even if "not, it is necessary to separately determine whether the construction of livestock pens complies with the criteria for permission under the National Land Planning Act and subordinate statutes, so it cannot be said that the construction of livestock pens should be naturally permitted. Therefore, there is still a need to preserve the whole site of this case as farmland by itself.The following is added at the end of the last end of the 9th page of "."

On the other hand, each of the applications in this case and wildlife protection zones.

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