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(영문) 대전고등법원 2019.04.11 2018누10383
건축허가불허가처분취소
Text

1. Revocation of the first instance judgment.

2. All plaintiffs' claims are dismissed.

3. The plaintiffs' total costs of litigation.

Reasons

1. Details of the disposition;

A. The Plaintiffs filed an application for a building permit with the Defendant to newly build animal and plant-related facilities (a stable) as indicated below:

(2) On May 17, 2017, the Plaintiff’s land for each application indicated in the table is “the instant application site” and each application is “the instant application”). On April 20, 2017, the Plaintiff’s land for application is equivalent to the number of land for application, and the Plaintiff’s land for application is similar to the number of land for application, and, on May 18, 2017, the Plaintiff newly constructed DaJ 2,746.32 newly built on May 23, 2017, Asan-si J 2,04.48 1, Asan-si on May 17, 2017, Dasan-si 1, 275 1, Dasan-si, and 12, 817, Gasan-si, and 34, 250, 250 newly built on May 18, 2017.

B. On May 29, 2017, the Defendant rendered a disposition of non-permission for construction on the ground that the instant application filed against the Plaintiffs constitutes an area subject to livestock breeding restriction pursuant to the former Ordinance on the Management and Disposal of Livestock Excreta in Busan City (amended by Ordinance No. 1692, Sept. 25, 2017; hereinafter “instant Ordinance”).

(hereinafter “instant disposition”). C.

The plaintiffs' application of this case is located at a distance of about 200 to 500 meters from the residential densely located area of 5 or more, and is located within the livestock breeding restriction zone prescribed by the Ordinance of this case.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1, 4, 5, and 8 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The grounds for the plaintiffs' assertion and this part of the relevant law are as follows: the court of first instance (attached Form) is attached to the relevant laws and subordinate statutes (attached Form 2). The grounds for the judgment of the court of first instance, except where the relevant laws and subordinate statutes are attached.

B. Since it is the same as the entry in the port, it shall be quoted in accordance with Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.

B. 1) Whether the pre-announcement of legislation is illegal or not Article 20 of the Regulations on the Operation of Legislative Affairs provides for the head of a local government to make a pre-announcement of legislation on the local statutes, the head of a local government shall also be an organization in newspapers, Internet, broadcasting, or interested in

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