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(영문) 전주지방법원 2016.08.18 2013구합2485
건축허가신청 및 복합민원불허가처분취소
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. On December 30, 201, the Plaintiff: (a) filed an application with the Defendant for permission for installation of livestock excreta discharge facilities, including an application for development activities (hereinafter “instant application”), with a view to newly constructing Dong and plant-related facilities (hereinafter “the instant livestock shed”) of a total of 8,549 square meters of building area of 3,377.88 square meters and a total of 6,775.76 square meters of building area in the area of 3,37.8 square meters; and (b) a total of 6,775.76 square meters; hereinafter “instant livestock shed”); and (c) filed an application for permission, including an application for permission for installation of livestock excreta discharge facilities in the form of complex complex.

B. On March 28, 2013, the Defendant rendered a disposition rejecting the instant application from the Plaintiff for the following reasons (hereinafter “instant disposition”).

[Grounds for Dismissal]

A. An application for consultation that was rejected by the High Gun Planning Committee on the first time in 2013 (No. 1 grounds) was located at approximately 650 meters from neighboring C villages, and the amendment of the Ordinance on the Restriction on Livestock Raising at High Gun as amended on February 6, 2012 (hereinafter referred to as the “current Ordinance”) to restrict the separation distance to at least 1,000 meters by enacting the Ordinance on the Restriction on Livestock Raising at High Gun (hereinafter referred to as the “ current Ordinance”), can be deemed to have judged that it would substantially be possible to minimize damage to neighboring residents from malodor and pollution generated at 1,000 meters or more, and new construction of money in the current application site would be inappropriate (the second grounds). The environmental reduction facilities submitted by the Plaintiff are merely the pollution reduction facilities, and even if these facilities were operated, it is impossible for Incheon to remove pollutants discharged from 20 years or more due to pollution in the future, and eventually, it is impossible for Incheon 20 years or more.

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