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(영문) 전주지방법원 2019.05.30 2018구합3186
가축분뇨 배출시설 폐쇄명령 처분 취소 청구의 소
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. B around November 192, 192, on each ground specified in C, D, and E, the Plaintiff constructed one agricultural warehouse, 1 Dong, 3 livestock shed, 1 Dong, 1 Dong, 1 Dong, and 1 Dong, 1 Dong, Dong, Dong, Dong, Dong, Dong. On November 25, 1993, the Plaintiff completed a report as a livestock excreta discharge facility (report number F) to the Defendant on November 25, 1993, and completed the livestock shed (hereinafter “the livestock shed in this case”).

(2) G around July 2006, after purchasing the instant livestock shed and its site through the voluntary auction procedure, G filed a report on alteration of livestock excreta discharge facilities and a report on alteration of livestock excreta discharge facilities to the Defendant on November 17, 2015. On November 26, 2015, the Defendant accepted the report on alteration of livestock excreta discharge facilities on November 26, 2015 and the report on installation on December 29 of the same year respectively.

(F) On January 11, 2016, the Plaintiff purchased the above site from G, and the same year.

8.3. G transferred the right related to the reconstruction of the instant stable, including the building report.

4. On August 4, 2016, the Plaintiff filed a report on the change of the owner and the contractor of the instant livestock shed to the Plaintiff on August 4, 2016, and the Defendant filed a report on the change

8. 14. The above reports were accepted.

B. On December 8, 2016, the Defendant filed an administrative appeal seeking revocation with respect to the Defendant’s order to suspend construction of the instant livestock shed (hereinafter “related administrative appeal”) with the Plaintiff on December 8, 2016, (1) the collective demonstration, civil petition filing, and on-site audit are constantly being conducted due to the significant malodor caused by the construction of the instant livestock shed, and serious damage to the neighboring village residents’ living environment; and (2) the period of suspension of construction is determined from December 7, 2016 to the completion of civil petition settlement; and (2) the Plaintiff filed an administrative appeal seeking revocation with respect to the Defendant’s order to suspend construction of the instant livestock shed (hereinafter “related administrative appeal”), Jeollabuk-do.

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