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(영문) 대구지방법원 2019.12.11 2019구합21803
사용중지명령처분 취소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff (around January 31, 2018, from Company B to Company A, its trade name was changed from January 31, 2018) is a company running experimental animal, livestock products, wholesale and retail business, experimental research service business, etc. in Kimcheon-si C.

B. On March 20, 2007, D filed a report on the installation of discharge facilities under the Act on the Management and Use of Livestock Excreta (hereinafter “the Livestock Excreta Act”) with the Defendant on March 20, 2007, in order to establish a stable of a size of 896 square meters in size (hereinafter “the instant livestock shed”) on the land and the building on the land.

C. The Plaintiff acquired the instant land and livestock shed from D, and entered into a contract with G, which is the owner of the said F farm site 1,939 square meters adjacent to the instant land, with the content that “G is to entrust the operation of the instant livestock shed.”

Accordingly, G completed the registration of ownership transfer on October 29, 2012 with respect to the instant land and livestock pens on the ground of sale as of September 22, 2012, but G did not report the succession of the instant livestock shed emission facilities to the Defendant.

E. The Plaintiff decided to directly operate the instant livestock shed around 2017, and the same year.

1. On January 12, 2017, with respect to the instant land and livestock pens, the registration of ownership transfer was completed on the grounds of sale as of January 12, 2017, and around that time, the Defendant reported on the succession of discharge facilities to the instant livestock pens.

F. On October 2018, the Defendant: (a) conducted a field investigation on the instant livestock shed to verify the resident’s civil petition; (b) confirmed that “the Plaintiff is raising pigs by changing and installing part of the instant livestock shed from March 2014 to a money shed without permission or reporting within the livestock raising restriction zone; and (c) on January 18, 2019, on the ground that “the instant livestock shed part of the said 96 square meters is an emission facility installed within the livestock raising restriction zone” to the Plaintiff on January 18, 2019, pursuant to Article 18 of the Livestock Excreta Act.

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