beta
Text
1. Revocation of a judgment of the first instance;
2. The instant lawsuit between Plaintiff AC and the Defendant is filed by Plaintiff AC on October 19, 2017.
Reasons
1. Details of the disposition;
A. On February 7, 2017, Q filed an application for a building permit with the Defendant on February 7, 2017, in order to build three animal and plant-related facilities (nives) of a site size of 5,519 square meters and a total floor area of 2,898 square meters on the ground of 7,093 square meters of AR in Chungcheongbuk-gun AS (hereinafter “AR Ri”), and AT filed an application for a building permit with the Defendant on February 7, 2017, and AT filed an application with the Defendant on February 3, 2017, for a building of 3,572 square meters in a site area on the ground of 3,572 square meters in a site area adjacent to the said land, and 99 square meters in a building area and one animal and plant-related facilities of a total area of 99 square meters (hereinafter “the instant livestock shed”).
On February 28, 2017, the Defendant issued each construction permit (hereinafter “instant disposition”) pursuant to Article 11 of the Building Act to Q and AT.
B. The Plaintiff (other than Plaintiff AC,O, and AI) resides in the village of Jincheon-gun AVri (hereinafter “Yincheon-gun AVri”) located within 90m to 810m in radius from the boundary of the instant stable site.
C. The instant livestock shed site located within approximately 550 meters in a voice-gun AR village constitutes a restriction on livestock breeding (800 meters) under Article 2 subparag. 4 and Article 3(1) and 3(2) [Attachment Table] of the former Ordinance on the Areas subject to Restriction on Livestock Raising of the Sound-gun (amended by Ordinance No. 2377, Jul. 5, 2017; hereinafter “former Ordinance on the Audio-Gun”). The raising of ducks is limited to a 500-meter radius from the boundary of a residential densely located area (at least 7 houses).
Meanwhile, according to Article 2 subparag. 6 and Article 3(1) [Attachment 1] of the former Ordinance on the Management and Use of Livestock Excreta in Jincheon-gun (amended by Ordinance No. 2540, Oct. 25, 2017; hereinafter “former Ordinance on Jincheon-gun”), raising of chickens and ducks shall be limited to 1,000 meters from the boundary of a residential smuggling area (five or more houses) site, etc.
[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, 5, 6, 7, 15, Eul evidence Nos. 1 and 2.