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(영문) 대전고등법원 2019.10.10 2018누13283
건축허가신청 불허가처분 취소
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The grounds for appeal by the plaintiff citing the judgment of the court of first instance are not significantly different from the allegations in the court of first instance, and the fact-finding and judgment of the court of first instance are justified even if the parties' claims are examined by adding the evidence submitted to the court of first instance to the

Therefore, the reasoning of the judgment of this court is as follows: (a) partially amended the reasoning of the judgment of the court of first instance as stipulated in paragraph (2); and (b) other than supplementing the determination of the Plaintiff’s assertion as stated in paragraph (3), the reasoning of the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance; and (c) thus, it is cited in accordance

2. The portion of the changed part No. 2, “C 4,895 square meters” shall be added next to “Yin-si Bri” in paragraph 5 of the same paragraph.

In Part 3, the "Act on the Management and Use of Livestock Excreta" in Part 15 is added to the "Act on the Management and Use of Livestock Excreta" (hereinafter referred to as the "Act on Livestock Excreta").

Part 8 "each of the evidences mentioned above" shall be added to "each of the statements listed in the evidence of heading B 13, 14, 23, 33 through 41, 47 to 54".

Part 9-7-8 " shall not be deemed to be ".........."

Even if the application does not exist, since the construction of a stable must be permitted as a matter of course, since it is necessary to separately determine whether it conforms to the criteria for permission for development activities under the National Land Planning Act and subordinate statutes, and the necessity to preserve the application site in this case by itself is still deemed to exist."

According to the small-scale environmental impact assessment on the application site, the Plaintiff established a livestock excreta purification facility (active sewage treatment facility) in the instant livestock shed, and discharged water from which the level of biochemical oxygen demand (BOD) does not exceed 20mg/L, suspended solids (S) does not exceed 20mg/L, total quantity (T-P 10mg/L) does not exceed 20mg/L.

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