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(영문) 청주지방법원 2018.01.11 2017구합2580
가축분뇨 배출시설 설치허가 처분 취소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The environmental sanitation of the details of the disposition and the land in this case are not able to raise under the said Municipal Ordinance as part of the restricted area for raising livestock of the voice group in accordance with Municipal Ordinance concerning the restricted area for raising livestock;

(Provided, however, on April 3, 2012, livestock excreta discharge facilities can be cultivated after legal punishment only for livestock penss that existed prior to this date).

On November 22, 2016, the intervenor filed an application for building permission (hereinafter “application for the instant building permission”) with the Defendant on November 30, 2016, to newly build two Dong building area and animal and plant-related facilities (hereinafter “the instant company”) of a size of 3,775 square meters on the ground of 4,295 square meters in AC, AD, and 2,610 square meters in total (hereinafter “instant land”). On November 30, 2016, the Defendant notified the Intervenor in writing of the following matters:

B. Meanwhile, as amended on January 6, 2014, Article 3(1) and 3(2) [Attachment] of the former Ordinance on Areas where Livestock Raising is Restricted (amended by Ordinance No. 2377, Jul. 5, 2017; hereinafter “former Ordinance on the Audio-Gun”) of the said Ordinance (amended by Ordinance No. 2377, Jul. 5, 2017; hereinafter “former Ordinance on the Audio-Gun”) provides that the said Ordinance shall restrict the raising of chickens and ducks in an area within 500 meters from the boundary of a stable site to the boundary of a stable site, and the said Ordinance was implemented from June 3, 2014, which was the date on which the amendment of the topographical map in which livestock raising is restricted by the Audio-Gun, and the instant land was located within 500 meters from the Plaintiffs’ residence.

C. On November 30, 2016, the Intervenor filed an application for permission to install discharge facilities under Article 11 of the Act on the Management and Use of Livestock Excreta (hereinafter “the instant application”) (hereinafter “the Livestock Excreta Act”) (hereinafter “the instant application”) with respect to the instant livestock excreta excreta, and needs to temporarily postpone the restriction on distance with respect to the non-permission and non-report-generating facilities under Article 8 subparag. 2 of the Addenda to the Livestock Excreta Act (Act No. 12516, Mar. 24, 2014; hereinafter the same).

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