logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2020.10.22 2020구합50865
가축분뇨배출시설 허가취소 처분 무효확인
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of disposition;

A. D newly built four cattle sheds on the two parcels, including Chang-gun, Gun, and 2, from March 24, 1994

C on August 2, 1999, the said four livestock pens changed one of the four livestock pens to a compost.

(A) around September 16, 1996, C extended one cattle shed on the above land and raised pigs at the above cattle shed. Around September 23, 1998, C extended two cattle sheds on the above land.

(hereinafter “instant land” and “the instant stable.” Meanwhile, C completed the registration of ownership transfer as to the instant land from September 16, 1995 to January 19, 198.

B. On July 30, 1999, C sold the instant land and livestock shed to Plaintiff B, and Plaintiff B completed the registration of ownership transfer as to the instant land and livestock shed on August 2, 199.

C Subsequent to that, after raising pigs at the instant cattle shed with the approval of Plaintiff B, the Plaintiff ceased raising pigs around 2006, and transferred the possession and management of the instant cattle shed to Plaintiff B.

C. On October 25, 2001, C obtained permission for the installation of livestock wastewater discharge facilities and livestock wastewater treatment facilities of this case from the Defendant under the former Act on the Treatment of Sewage, Excreta and Livestock Wastewater (amended by Act No. 5864 of Feb. 8, 1999 and repealed by Act No. 8014 of Sep. 27, 2006 (amended by Act No. 8014 of Sep. 27, 2006; hereinafter “former Sewage Treatment Act”).

[Report Number: F and Discharge Facilities: 1572m2.6m2, hereinafter referred to as “instant discharging facilities”). D.

Plaintiff

B sold the instant land and livestock shed to Plaintiff on June 29, 2017, and Plaintiff A completed the registration of ownership transfer concerning the instant land and livestock shed on July 18, 2017, and was transferred possession and management around that time.

E. On August 18, 2017, the Defendant received a petition (a civil petition content: whether it is possible to change the type of a stable that had been temporarily closed for ten years, and to cancel the license of livestock facilities that have been temporarily closed for three years or more; hereinafter “the petition of this case”).

arrow