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(영문) 전주지방법원 2018.08.23 2017구합2186
건축신고 복합민원 불허가처분 취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On December 19, 2016, the Plaintiff filed an application for complex civil petitions for construction permission (hereinafter “instant application”) with the Defendant around December 19, 2016 in order to newly construct moneys, which are animal and plant-related facilities, on the ground of 29,784 square meters (hereinafter “instant application site”).

B. On May 17, 2017, the Defendant rendered a non-permission disposition of complex civil petitions for construction permission (hereinafter “instant disposition”) on the instant application on the grounds delineated below.

According to the former B-Gun Ordinance on Restriction of Livestock Raising (Enforcement Ordinance No. 2169, Aug. 19, 2015; Ordinance No. 2169, Feb. 2, 2015) in force at the time of the application of this case ( December 19, 2016) within a radius of 1,000 meters, the application form for restriction on livestock breeding was stipulated as 1,00 meters.

Since then, the former Ordinance on Restriction on Livestock Raising of the B-Gun, which was enforced at the time of the instant disposition, was amended to 2,000 meters in the distance of the B-Gun Ordinance (Enforcement March 27, 2017, Military Ordinance No. 2169).

As natural environment conservation area is included, it is located in a restricted area for raising livestock in attached Table 1 of Article 4(2) of the Ordinance on Restriction on the Management and Use of Livestock Excreta, and thus, the breeding of pigs is restricted.

A prospective project area is an area where livestock raising is restricted pursuant to the Ordinance on Restriction on Livestock Raising of B, and it is determined that the location of money is inappropriate because it is located (1km) in the upstream of a reservoir and in the vicinity of accommodation facilities adjacent to the boundary of G Do parks. The alteration of the form and quality of land pursuant to Article 58 of the National Land Planning and Operation Act and Article 56 of the Enforcement Decree of the Act on the Operational Guidelines for Permission of Development Activities pursuant to Article 58 of the same Act and Article 56 of the Enforcement Decree of the same Act are consistent with the upper plan and the site standards are set as an area where there is no restrictions under the relevant laws and regulations

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