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(영문) 청주지방법원 2019.02.14 2017구합3392
건축허가신청불허가처분취소
Text

1. On August 22, 2017, the Defendant’s revocation of the provisional injunction against the Plaintiff for building permission.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. On December 23, 2016, the Plaintiff, a production management area, newly built an animal and plant facility with a building area of 1,731.27 square meters and a total floor area of 2,741.26 square meters on the ground (hereinafter “the instant house”) on the land of Cheongju-gu, Seo-gu, Seo-gu, Seo-gu, Cheongju-gu and one parcel (hereinafter “the instant application site”). On December 23, 2016, the Plaintiff filed an application for a building permit (hereinafter “instant application”) with the Defendant, including a report on installation of livestock excreta discharge facilities by the method of complex civil petitions.

B. The former Ordinance on the Management and Use of Livestock Excreta (amended by Ordinance No. 648, Jul. 7, 2017; hereinafter “former Ordinance”) which was in force at the time of the instant application was partially amended on July 7, 2017. In the event that a discharge facility is subject to permission under the Act on the Management and Use of Livestock Excreta, the area where the raising of livestock is restricted is within 500 meters in a radius of 10 households or more, “within 500 meters in a radius of 500 meters” and the amended Ordinance No. 648, Jul. 7, 2017 (hereinafter “instant Ordinance”) was implemented since July 7, 2017, the date on which the change of topographic map was announced.

C. The instant application does not belong to the area where livestock raising is restricted in the case of the Gu Ordinance, but, in accordance with the instant Ordinance, it became within 1,500 meters from the population density area. D.

On August 22, 2017, the Defendant rendered a disposition of denying the instant application for reasons (hereinafter “instant disposition”) against the Plaintiff on the ground that the instant application falls under part of the livestock breeding restriction area (chill, ducks, ducks, pigs, pigs, and dogs) in accordance with Article 3 of the instant Ordinance.

E. The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Chungcheongbuk-do Administrative Appeals Commission on September 7, 2017, but the said administrative appeals commission dismissed the Plaintiff’s claim on October 27, 2017.

[Ground of recognition] Unsatisfy, A(1) through (3)

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