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(영문) 전주지방법원 2017.01.25 2015가합99
축산업경영금지
Text

1. Defendant B shall not engage in livestock farming business (sales business, etc. of cattle breeding) on the land listed in the attached list;

Reasons

Basic Facts

A. The Plaintiff is an unincorporated association consisting of residents of the village of the Jeonju-gun, Jeonju-gun (a dispute over whether the Plaintiff is a non-corporate body, but the Plaintiff’s non-corporate body is recognized as the Plaintiff’s corporate body as specified in the following 3.B.), and the Defendants are livestock raisers raising and selling pigs, etc. in bulk in the above village.

Defendant B is running the livestock industry from 1 to 1987 on the land listed in the attached list to 1987, and Defendant C is running the livestock industry from 2 land listed in the attached list to 1983.

B. In 2008, the Plaintiff’s residents filed a multiple civil petition with the Plaintiff’s livestock raisers in the village, including the Defendants, due to malodor, etc. from livestock penss. Around October 2008, the Plaintiff’s representative and livestock raisers, including the Defendants, entered into an agreement with the Plaintiff’s arbitration of the Dop E as follows.

(hereinafter referred to as the “agreement of this case”). In order to resolve malodor civil petitions due to livestock pens in A village, the representative of A village residents shall be referred to as “A”, the representative of livestock farmers shall be referred to as “B”, and “A” and “B” shall undertake to thoroughly implement the following agreed matters:

1. B must, without any condition, be changed to any type of business other than the livestock industry until December 31, 2014, and A consents to the change to any type of business other than the livestock industry.

2. By December 31, 2014, Party A shall not file a civil petition due to the malodor of the livestock shed of Party B, and Party B shall endeavor to minimize malodor.

3. If no change is made to any other type of business until December 31, 2014, B shall take charge of residents’ remarks, etc. against B.

4. A and B shall endeavor to cooperate with each other and to repeat it as residents together with village meetings, etc.

[Ground of recognition] The judgment as to the legitimacy of the lawsuit in this case as to the facts without dispute, Gap evidence Nos. 2, 3, 9 (including the provisional number), the whole purport of the pleading

A. The main safety defense of Defendant B.

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