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(영문) 대전지방법원 2018.02.13 2017구합100665
건축허가처분취소
Text

1. The Defendant’s disposition of accepting reports on the change of livestock excreta discharge facilities against B on June 1, 2016 is revoked.

2. The plaintiff.

Reasons

1. Details of the disposition;

A. B, on April 20, 2006, completed a report on the installation of livestock excreta discharge facilities with respect to the 4-dong of cattle breeding facilities on the ground C in Chungcheongnam-gun, Chungcheongnam-gun on July 10, 2006, and obtained approval for the use of the building with four-dong livestock breeding facilities on July 10, 2006 as facilities related to animals and plants for main purpose (three-dong livestock pens and one-dong compost), total floor area of 898 square meters [650 square meters (250 square meters in a Dong, 250 square meters in a Dong, 200 square meters in a Dong, and 248.8 square meters in a compost).

(hereinafter referred to as “existing stables and composts”). (B) livestock penss and composts approved for use as above.

B, while raising litigation at the existing livestock shed and the 4-dong of composts, around 2008, the above existing livestock shed and the 4-dong of composts were connected to the above land C, D, and E (hereinafter referred to as “C, D, and E”) and expanded the area to one building (the total floor area of 1927.37 square meters and the area of the expanded part 1028.49 square meters).

(hereinafter referred to as the above, the livestock shed and the compost shed expanded as above are "the livestock shed and the compost shed of this case", and the above extension is "the first extension".

Meanwhile, as the former Ordinance on the Restriction on Livestock Raising (hereinafter “former Ordinance on the Restriction on Livestock Raising”) was implemented on January 16, 2013, the instant livestock shed, D, and E’s land located in the livestock shed and compost, the Ordinance was partially designated as a restriction area for the raising of the budget-raising of the military pursuant to attached Table 1 (1) of the said Ordinance (100 meters in a nearest straight line from the boundary of the site of the small housing site where the livestock site is located, from the boundary of the small housing site where the five or more houses are located) under Article 3 of the said Ordinance.

The budget group is "former Act on the Management and Use of Livestock Excreta (amended by Act No. 13526, Dec. 1, 2015; hereinafter referred to as "former Act on Livestock Excreta") enforced on March 25, 2015.

Pursuant to Article 8 of the Addenda, with respect to an unauthorized livestock shed established in a district in which livestock breeding is restricted on or before January 16, 2013, the enforcement date of the above Ordinance for three years from March 25, 2015 to March 24, 2018, the permission for installation of livestock excreta discharge facilities under the above Act shall be granted or the report on installation thereof shall be filed.

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