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(영문) 광주고등법원 2018.08.09 2017누5811
건축허가신청 거부처분 취소청구
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The basic facts;

2. The plaintiff's assertion;

3. The reasoning for the court’s explanation on this part is as follows: Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act, except for the case where “five (5) (5) (5) (2) (2) (2) (4) (4) (4) (2) (2) (3) (2)

4. Determination

A. 1) The Act on the Management and Use of Livestock Excreta in the relevant laws on the grounds for the instant disposition related to the Ordinance (hereinafter “the Livestock Excreta Act”).

The main sentence of Article 8(1) provides that "the head of a Si/Gun/Gu may designate and publicly announce a specific area and restrict livestock raising in any of the following areas, as prescribed by municipal ordinance of the relevant local government, in order to preserve the living environment of local residents or to preserve the quality of water sources." The main sentence of Article 8(1) provides that "the head of a Si/Gun/Gu may impose restrictions on livestock raising in such areas."

Article 3(1) of the Ordinance of this case, which was enacted upon the delegation thereof, provides that “The area subject to restriction on livestock raising shall be classified into an absolute restriction area and a relative restriction area pursuant to Article 8(1) of the Act.” Article 3(2) provides that “The area subject to restriction on livestock raising shall be the same as each subparagraph,” and subparagraph 2 provides that “The area subject to restriction on livestock raising shall be within 1,000 meters in straight line from the recent approval of the area adjacent to the area adjacent to the area adjacent to the residence smuggling, 1,000 meters or less for milch, 250 meters or less for milch, and 100 meters or less for other livestock: Provided, That the area subject to reporting pursuant to the Act shall be excluded from the approval of the owner of livestock raising facilities: Provided, That the area subject to restriction on livestock breeding facilities shall be the area which falls under any of the following subparagraphs among the areas other than the area subject to restriction on livestock breeding facilities.”

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