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(영문) 대전지방법원 2018.02.13 2017구합102517
가축사육시설증축 및 축종변경불허가 처분취소
Text

1. On April 21, 2017, the Defendant’s rejection of the change of cattle species against the Plaintiff is revoked.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Details of the disposition;

A. On March 23, 2009, the Plaintiff obtained a building permit for an animal and plant-related facility with a total of 517.5 square meters, composts, 103.5 square meters, and a total of 621 square meters of animal and plant-related facility (one Dong livestock shed) located on the ground B in Chungcheongnam-gun, Chungcheongnam-gun, Seoul, and filed a report on livestock excreta discharge facilities around August 2009.

In addition, on June 23, 2009, the Plaintiff: (a) obtained a building permit on the animal and plant-related facilities of 630 square meters, composts, 90 square meters, and a total of 720 square meters (two identical livestock pens) located on the ground of Danam-gun budget C; (b) obtained approval for use on November 29, 201; and (c) raised 10 maris, one by which the permission for the installation of livestock excreta discharge facilities was obtained as a livestock breeding facility in the same month (hereinafter “each of the above livestock pens”).

B. On the other hand, on May 27, 201, the Plaintiff obtained permission to engage in livestock farming business (livestock breeding business) with a content of raising Chinese-style cattle at 1,147.5 square meters in two livestock raising facilities located in the above B.

C. On March 3, 2015, the Plaintiff submitted to the Defendant an application for a livestock shed facility modernization project with a government subsidy and a loan of KRW 388,920,000 to modernize the project cost by inserting the instant livestock shed (total area of KRW 1,341 square meters) into KRW 486,150,000. On March 3, 2015, the Plaintiff entered the said application in the column of the management status (current): “FF: land fraternity, total number of livestock farms: 40,000”; the construction plan area was 1,341 square meters, respectively.

On April 15, 2015, the Defendant selected the Plaintiff as a target for livestock shed facility modernization projects, and on May 12, 2015, issued a decision to grant subsidies to the Plaintiff, with a total project cost of KRW 145,840,00, which is KRW 30% of the total project cost of KRW 486,150,00, KRW 145,840,000, KRW 50, KRW 243,000, and KRW 50, KRW 200, KRW 97,230,000, which is the remainder of KRW 20.

E. Accordingly, on May 20, 2015, the Plaintiff entered into a contract for the construction of stable facilities with the content that the total construction amount of Red Livestock Co., Ltd. and the total construction amount is KRW 486,150,000, and the date of commencement as of July 30, 2015 on the date of completion of construction.

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