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(영문) 대전지방법원 2018.12.05 2018구합101252
가축분뇨배출시설 설치허가 취소처분 취소 청구의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Details of the disposition

On December 30, 2005, the Plaintiff had been raising pigs from the livestock shed in this case after obtaining permission to install livestock excreta emission facilities in order to operate animal and plant-related facilities (hereinafter “the livestock shed in this case”) from the Defendant (hereinafter “the livestock shed in this case”).

On October 24, 2017, the Defendant confirmed that the Plaintiff did not raise pigs for at least three years at the instant livestock shed through guidance and inspection of the instant livestock shed, and issued a disposition to revoke permission to install livestock excreta discharge facilities pursuant to Article 18 (1) 2 of the Act on the Management and Use of Livestock Excreta (hereinafter “the Livestock Excreta Act”) on the ground that the Plaintiff did not raise livestock for at least three years without justifiable grounds, following the hearing procedure on December 13, 2017.

(2) The Plaintiff’s assertion as to the legitimacy of the instant disposition, including the Plaintiff’s written evidence No. 1, No. 1, and No. 1, and the purport of the entire pleadings, was deemed lawful. However, since August 2014, the Plaintiff did not raise pigs from the instant cattle shed, and thus, the Plaintiff was erroneous in counting the above date.

In addition, the Plaintiff could not be able to directly operate the instant livestock shed because it is not good for the Plaintiff to suffer from the “satisfying softening satitis” and “satisfying softening sat,” etc. In addition, it was difficult for the Plaintiff to find the lessee or the trustee as it is difficult for the livestock shed to directly operate the instant livestock shed due to small scale and economic difficulties of the Plaintiff.

Therefore, it should be viewed that there is a justifiable reason for the plaintiff to not raise pigs.

Furthermore, in light of the fact that the instant disposition was immediately conducted without any warning in advance and that the Plaintiff’s disadvantage is significant due to the instant disposition, etc., the instant disposition is unlawful by abusing its discretion.

It shall be as shown in the attached Form of the relevant statutes.

B. The existence of the instant disposition grounds

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