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(영문) 광주고등법원 (전주) 2018.09.10 2017누1808
가축분뇨배출시설허가취소처분 취소청구의 소
Text

1. All appeals by the Plaintiff and the Plaintiff’s Intervenor are dismissed.

2. The portion resulting from the participation in the appeal costs.

Reasons

1. The reasoning of the judgment of the court of first instance as to this case is as stated in the reasoning of the judgment of the court of first instance, except for the addition of the judgment on the allegations added or emphasized by the plaintiff in this court under Paragraph (2) below, and thus, it is acceptable to accept this as it is in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence

2. Additional determination

A. 1) The Plaintiff’s assertion that the Plaintiff did not raise pigs for at least three years is not a case where the Plaintiff continued raising pigs after the lapse of 2013, which was after the Plaintiff’s breeding of pigs. The Plaintiff’s assertion that the remaining swine continues to exist after the lapse of 2013. Since the Plaintiff’s farms, such as the instant cattle shed, were operated by means of preventing infectious diseases, etc. after the shipment of cattle, the Plaintiff’s shipment of pigs may not include the period during which the Plaintiff did not raise pigs. Since the Plaintiff promised to install malodor reduction facilities to raise pigs after the Plaintiff’s installation of malodor reduction facilities to nearby residents and the Defendant, a certain period necessary for installing malodor reduction facilities may not be included in the period during which the Plaintiff did not raise pigs. Accordingly, if the Plaintiff excluded the ownership of the instant cattle shed from the aforementioned period, the Plaintiff’s disposal remains for less than 20 years since it did not constitute a period of less than 3 years since 20 years thereafter.

The Defendant recognized the date of the Plaintiff’s violation of the three-year period of raising livestock on March 28, 2016. However, there is no evidence to prove that the Plaintiff sent pigs from 2013 to March 27, 2016, or purchased pigs. Thus, the Plaintiff’s new cattle shed to prevent infectious diseases during the said period.

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