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(영문) 창원지방법원 2016.06.21 2015구합23692
건축허가불가처분취소
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. From around 1984, the Plaintiff’s father B built a building of approximately 1,859 square meters, such as livestock pens, on the land of 1,874 square meters and 1,230 square meters for D farm land (hereinafter “the instant application site”), and raised pigs. On May 2, 1991, the Plaintiff filed a report on the installation of livestock excreta discharge facilities and disposal facilities with respect to livestock excreta discharge facilities, 660 square meters on the land of Dasan-gun, Chungcheongnam-gun, Chungcheongnam-do.

B. On January 15, 2015, the Plaintiff completed the registration of ownership transfer on the ground of donation on January 14, 2015 with respect to livestock pens, etc. on the instant application site. On January 21, 2015, the Plaintiff obtained a livestock farming permit that is able to engage in livestock farming business of the kinds of livestock, pigs and livestock breeding facilities 4-2,211.7 square meters at the instant application site. On March 12, 2015, the Plaintiff was selected as a person eligible for the share of fish business for the modernization of livestock facilities, and was granted a subsidy for the project cost to newly construct a 2,211 square meter.

C. On August 2015, the Plaintiff filed a report on removal or destruction of a building of approximately KRW 1,859 square meters, including a stable on the ground in the instant application site, and the Defendant accepted the said report on August 31, 2015.

On October 5, 2015, the Plaintiff filed an application with the Defendant for a building permit to extend animal and plant-related facilities (a livestock shed) on the instant application site, but withdrawn the said application on October 7, 2015, and on October 15, 2015, filed an application for a building permit to newly build animal and plant-related facilities (a livestock shed) with a total floor area of 2,265.94 square meters on the instant application site (hereinafter “instant application”).

E. On November 2, 2015, the Defendant notified the Plaintiff that the instant application is a restricted area for raising livestock under Article 8 of the former Act on the Management and Use of Livestock Excreta (amended by Act No. 13526, Dec. 1, 2015; hereinafter “former Livestock Excreta Act”) and Article 10 of the former Ordinance on the Management of High Military Livestock Excreta (wholly amended by Ordinance No. 2248, Oct. 28, 2015; hereinafter the same). Therefore, the Defendant’s construction of livestock pens is prohibited.

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