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(영문) 의정부지방법원 2019.08.29 2018구합16173
가축분뇨배출시설 변경허가신청 반려처분 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. Four 2,710 square meters in total (hereinafter “instant farm”) are livestock excreta discharge facilities reported as livestock wastewater discharge facilities on October 17, 1998 under the former Act on the Disposal of Sewage, Excreta and Livestock Wastewater (amended by Act No. 8014, Sep. 27, 2006; hereinafter “the Sewage Treatment Act”).

B. On October 28, 2008, the Plaintiff acquired 42/100 shares of the instant farm, and the Plaintiff’s ASEAN acquired 58/100 shares of the remainder of the instant farm on April 23, 2013, and operated the instant farm.

The Plaintiff submitted to the Defendant a report on the succession to the status of livestock excreta discharge facilities, changing the representative of the farm of this case from D to the Plaintiff, and the Defendant accepted the report on February 5, 2018.

C. On September 7, 2018, the Plaintiff filed an application with the Defendant for permission to alter livestock excreta discharge facilities (hereinafter “instant application”) by changing the type of livestock raised in the instant farm from the chickens to pigs.

On September 10, 2018, the Defendant notified the Plaintiff of the rejection of the instant application on the ground that “The instant application is identical to the application for permission to change livestock excreta emission facilities as of February 19, 2018, and the application area constitutes an area in which pigs cannot be raised as a zone subject to livestock breeding restriction under Article 3 of the Ordinance on the Livestock Raising of Iron-gun.”

(hereinafter “instant disposition”) e.

On the other hand, the land above B and C where the farm of this case is located is about 183 residents falling under the zone where raising livestock is restricted as stipulated in Article 3(2) [Attachment Table 1] of the Ordinance on the Livestock Raising of Iron-gun, the size of 492 meters away from the Furri Village of Gangwon-gu, Gangwon-gu.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 7, Eul evidence Nos. 7, 11, and 12 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The plaintiff's assertion.

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