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(영문) 대구지방법원 2020.04.22 2019구합23267
가축분뇨 배출시설 설치 불허가처분취소
Text

1. The Defendant’s disposition of non-permission to install a livestock excreta discharge facility against the Plaintiff on May 16, 2019 is revoked.

2...

Reasons

1. Details of the disposition;

A. From around 1994, B had operated a subway station and a kitchen in the area of 1,279 square meters (the land category was changed from before December 24, 2018 to a stock farm site), Dmiscellaneous land 4,777 square meters (hereinafter referred to as “instant application site”), and thereafter had been used as a stable from around 2014 to E.

B. In order to raise cattle, the Plaintiff and the Plaintiff’s wife filed an application for the instant registration and the instant building on December 14, 2018 and filed an application for installation of livestock excreta discharge facilities (hereinafter “instant application”) with the Defendant as to one Dong, 1 Dong, 884㎡ 1 Dong, 378 square meters in the instant application site, and one Dong, 452.4 square meters in treatment facilities (hereinafter “the instant livestock shed”) with respect to livestock excreta discharge facilities (hereinafter “instant application”). On May 8, 2019, the Plaintiff and the Plaintiff and the Plaintiff’s wife filed an application for installation of livestock excreta discharge facilities with respect to the instant application site and each building on the said ground.

C. However, on May 16, 2019, the Defendant rejected the instant application on the grounds that “the instant application falls under the front livestock breeding restriction area under Article 8 of the Act on the Management and Use of Livestock Excreta (hereinafter “the Livestock Excreta Act”) and Article 3 of the former Ordinance on the Restriction on Livestock Raising in Kimcheon-si (amended by the Ordinance No. 1245 of July 4, 2019; hereinafter “the instant Ordinance”) (the designation of an area subject to restriction on livestock raising; hereinafter “the instant Ordinance”) constitutes the area subject to restriction on livestock raising under the provisions of the instant Ordinance, and thus, cattle raising is not possible.”

(hereinafter “instant disposition”) D.

With respect to the name of the court of this case where the application area of this case was clearly designated as a zone where raising livestock was restricted, the provisions of this case stipulate that the raising restriction area shall be determined as “area within 150 meters in straight line from the village boundary” and that “a house the distance of which exceeds 50 meters from the village boundary shall be applied by 80 percent of the distance applicable to the above restriction area,” and the application area of this case shall be Kimcheon-si G.

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