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(영문) 청주지방법원 2018.02.08 2017구합2689
건축허가 처분 취소 청구
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Details of the disposition;

A. On February 7, 2017, Q filed an application for a building permit with the Defendant on the ground of 7,093 square meters of a building site area of 5,519 square meters, building area of 2,898 square meters and animal and plant-related facilities of 2,892 square meters of a building site area on the ground of 7,093 square meters of ADR in Chungcheongnam-do (hereinafter referred to as “AR”), and Qu filed an application for a building permit with the Defendant on February 7, 2017, in order to build a site area of 3,572 square meters on the ground of 3,572 square meters of a site area adjacent to the said land, and to build an animal and plant-related facilities of 99 square meters of a building area and a total floor area of 99 square meters (hereinafter referred to as “the instant livestock shed”). The Defendant filed an application with the Defendant on February 27, 2017 with A and AT for each building permit (hereinafter referred to as “instant”).

B. The Plaintiffs are people living in the Jincheon-gun AV village within the radius of 90 meters from the boundary of the instant stable site to 700 meters.

C. The instant livestock shed site located within approximately 700 meters in ARri Village constitutes a part of the restricted area for raising livestock under Article 3(1) and 3(2) [Attachment Table] of the former Ordinance on the Areas subject to Restriction on Livestock Raising of the Sound Group (amended by Ordinance No. 2377, Jul. 5, 2017; hereinafter “former Ordinance on the AR”); according to the said Ordinance, the raising of chickens and ducks shall be limited within 500 meters from the boundary of a residential smuggling area, etc.

Meanwhile, according to Article 3(1) [Attachment I] of the former Ordinance on the Management and Use of Livestock Excreta in Jincheon-gun (amended by the Ordinance No. 2540, Oct. 25, 2017; hereinafter “former Ordinance on Jincheon-gun”) Article 3(1) [Attachment I] of the former Ordinance on the Management and Use of Livestock Excreta in Jincheon-gun (amended by the Ordinance No. 2540, Oct. 25, 201), raising of chickens and ducks is limited

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 5, 6, 7, 15, Eul evidence Nos. 1 and 2 (including virtual numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. For the following reasons, the instant disposition is based on fundamental rights, such as the Plaintiffs’ environmental rights.

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