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(영문) 전주지방법원 2019.05.30 2018구합2039
건축불허가처분취소
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Details of the disposition;

A. From March 30, 2018 to the same year, the Plaintiffs applying for construction permission, etc.

4. Until June, each applicant filed an application with the Defendant for permission for construction, permission for development, permission for installation of livestock excreta discharging facilities, etc. as complex civil petitions in order to newly construct livestock penss on the ground of each application site (hereinafter “instant application site”) as shown in the attached disposition No. 1.

(2) The former Ordinance (amended by Ordinance No. 2371, Apr. 30, 2018; hereinafter “former Ordinance”) which was in force at the time of each of the instant applications (hereinafter “each of the instant applications”) concerning the restriction on the raising of livestock by the father-gun, Chungcheongnam-do.

(B) According to the foregoing, the instant application site was not included in the area subject to restriction on livestock raising, but was not included in the area subject to restriction on livestock raising. (2) On April 9, 2018, the Duan-gun Council issued a pre-announcement of the partial amendment to the Ordinance on Restriction on Livestock Raising of Duan-gun, the purport of which expands-gun’s Nuri-gun and O-Myeon area (hereinafter “Nuri-gun and O-Myeon area”) was to extend the entire area subject to restriction on livestock raising to the area subject to restriction on livestock raising.

In order to prevent water pollution caused by livestock that flows into a commercial area, residential area, a water-source conservation area of a business area, a natural environment conservation area of a public zone, and a park protection area, and to solve the source of pollution in a commercial area, residential area, industrial area, a water-source protection area of a natural environment conservation area, a river area of a park protection area, and a livestock excreta that flows into the Saemangeum Project Area in a park protection area within the whole zone of livestock raising restriction area of the Gu Ordinance in the whole zone of the whole zone of livestock raising restriction area of the Gu Ordinance was resolved to amend the above Ordinance on April 30, 2018, and the above Ordinance was implemented on the same day (hereinafter referred to as the above Ordinance).

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