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(영문) 전주지방법원 2018.09.05 2017구합2438
건축허가처분취소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of the lawsuit, including those resulting from the participation, shall be all included.

Reasons

1. Details of the disposition;

A. On August 29, 2016, the Intervenor filed an application for permission for development activities, an application for permission for conversion of mountainous district, and an application for permission for construction of a waste-generating facility with a total floor area of 4,327.29 square meters on the ground of 7,309 square meters (hereinafter “the instant application site”) among 16,269 square meters of H forests and forests in Nam-si, Nam-si (hereinafter “instant application site”).

B. On March 30, 2017, the Defendant permitted the said building application to the Intervenor.

(hereinafter “instant disposition”). C.

The Plaintiffs asserted that they reside within 500 meters from the date of the instant application and filed the instant lawsuit seeking revocation of the instant disposition on October 23, 2017.

[Ground of recognition] Facts without dispute, Gap evidence No. 33-1, Eul evidence No. 2, the purport of the whole pleadings

2. Although the intervenor asserts that the lawsuit of this case, which the plaintiffs lent only the name to the gender of the neighboring I village residents, is null and void by the lawsuit trust, the intervenor's determination as to the plaintiff's lawsuit trust claim is without merit since there is no evidence to acknowledge it.

3. Whether the instant disposition is lawful

A. The plaintiffs' assertion of this case is unlawful because the following defects are found to exist.

1) Since there is a residential densely populated area in which five or more households are registered within a 500-meter radius from the boundary of the site of the instant application site in violation of the instant municipal ordinance, the Act on the Management and Use of Livestock Excreta (hereinafter “the Livestock Excreta Act”) to which the instant application is filed.

(2) Article 8 of the former Ordinance on the Management and Use of Livestock Excreta (amended by Ordinance No. 1283, Sept. 23, 2016; hereinafter “instant Ordinance”)

) Although the instant application site is located in a restricted area for raising livestock under attached Table 1, four households reside within 500 meters from the boundary line of the site of the instant application site, and the instant application site raising livestock.

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