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(영문) 광주고등법원 2019.03.28 2018누6156
건축허가 처분등 무효확인
Text

1. Revocation of the first instance judgment.

2. The instant lawsuit shall be dismissed.

3. The total cost of the lawsuit shall be the cost of supplementary participation.

Reasons

1. Details of the disposition;

A. From December 12, 1997, the land and the ground stable in Naju City transferred the ownership to E on February 15, 2012 due to the sale by voluntary auction. In other words, the ownership was transferred to the Intervenor B (hereinafter “ Intervenor B”) due to the sale on July 29, 2014.

B. On the other hand, D filed a report with the Defendant on May 17, 2002 that the said report was accepted on May 17, 2002, on the fact that the Defendant installed a swine breeding facility, which is a livestock excreta breeding facility with a total of 809.6m2, such as a 336m2, 280m2, and 193.6m2

C. On November 22, 2016, the Intervenor filed a report with the Defendant that he succeeded to the status of the installer, etc. of the above discharge facilities D and the said report was accepted. D.

On December 13, 2016, the Intervenor filed an application with the Defendant for a construction permit to newly build animal and plant-related facilities (hereinafter collectively referred to as “the instant livestock shed”) with a total floor area of not less than 1,609 square meters, as indicated below, on the ground of four parcels, such as B, G, H, and C (hereinafter collectively referred to as “instant four parcels”), including the following:

Main building 1 - A main building with a total floor area of 661.5 square meters - A house with a total floor area of 308.7 square meters / An annexed building with a total floor area of 352.8 square meters - an annexed building with a total floor area of 220.5 square meters - 2 an annexed building with a total floor area of 64.22 square meters - 3 an annexed building with a total floor area of 2

E. The instant land constitutes part of the restricted area where the raising of pigs is restricted, as an area with residential smuggling under the former Ordinance on the Restriction on Livestock Raising at Naju-si (amended by Ordinance No. 1306 of Naju-si, March 22, 2017; hereinafter “Naju-si Ordinance”).

F. The Intervenor B is the Defendant on December 13, 2016.

Livestock excreta discharge facilities of 809.6 square meters in total, three buildings in each paragraph, are as above.

As in the same paragraph, two buildings, including 661.5 square meters and 308.7 square meters, were changed to 970.2 square meters, and a report on the change of livestock excreta discharge facilities, which add F, G, and H to the lot number of a place of business, was accepted on December 20, 2016.

(g)...

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