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(영문) 청주지방법원 2019.02.14 2017구합2948
건축허가불허가처분 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 June 29, 2017, the Plaintiff, a production management area, newly built an animal and plant-related facility that raises pigs of a building area of 1,770 square meters and a total floor area of 3,133.58 square meters on the ground (hereinafter “instant application”) on the land of Cheongju-gu, Chungcheongnam-gu, Cheongju-gu, and one parcel of land (hereinafter “instant application site”), which is a production management area, filed an application for a building permit, including a report on the installation of livestock excreta discharge facilities, with the Defendant by the method of complex civil application (hereinafter “instant application”).

B. On July 4, 2017, the Defendant: (a) determined the period for supplementation to the Plaintiff on August 14, 2017; and (b) demanded supplementation to the effect that “(i) re-calculated the floor area pursuant to Article 119 of the Enforcement Decree of the Building Act; (ii) an excellent plan; (iii) a report on installation of livestock excreta discharge facilities; and (iv) an application for permission for development activities,”

C. The former Ordinance on the Management and Use of Livestock Excreta (amended by Ordinance No. 648, Jul. 7, 2017; hereinafter “former Ordinance”) which was in force at the time of the instant application was partially amended on July 7, 2017 after pre-announcement of legislation on Apr. 28, 2017. In the event that a discharge facility is subject to permission under the Act on the Management and Use of Livestock Excreta, the area where the raising of pigs is restricted is within 1,500 meters from the area where the raising of pigs is within 50 meters in straight line from the area where the 10-household population is concentrated and the amended Ordinance No. 648, Jul. 7, 2017 (hereinafter “instant Ordinance”) was enforced from the date of the amendment of the topographic map.

The filing of the instant application does not belong to the area where livestock raising is restricted if it is subject to the Gu Ordinance, but if it is subject to the instant Ordinance, it was within 1,500 meters from the population density area and became within the area where livestock raising is restricted.

E. On July 25, 2017, the Defendant filed the instant application with the Director of the Culture and Arts Division, the Director of the Agriculture Policy Division, the Director of the Environment Sanitation Division, etc. of Chungcheongnam-gu, Chungcheongnam-gu, Seoul.

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