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(영문) 전주지방법원 2017.10.26 2016구합2059
가축분뇨배출시설허가취소처분 취소청구의 소
Text

1. The plaintiff's claim is dismissed.

2. Of the costs of lawsuit, the part pertaining to the participation in the litigation is the intervenor joining the Plaintiff.

Reasons

1. Details of the disposition;

A. On December 8, 2009, the Plaintiff installed a 3-dong 1,836.84 square meters of livestock excreta discharge facilities (hereinafter “the instant livestock shed”) on the ground of the 3,207 square meters in Nam-si, Nam-si (hereinafter “instant land”).

B. The Plaintiff leased the instant livestock shed to D, and D was entrusted with pigs owned by E and F, and raised pigs upon entering the instant livestock shed. From May to June, 2011, E directly raised pigs from the instant livestock shed.

C. The instant cattle shed was operated as a non-fat farm in the way of shipping the 110km of the 110km after planting the 20km or 23km in the external self-production farm for 4 to 5 months. On October 2011, E entered the last swine in the instant cattle shed and shipped the said pigs after 4 to 5 months.

On October 2, 2015, the Plaintiff sold the instant land and livestock pens KRW 400,00,000 to the Intervenor joining the Plaintiff (hereinafter “ Intervenor joining the Plaintiff”). On November 3, 2015, the Plaintiff completed the registration of ownership transfer for the instant land and livestock pens in the future.

E. On March 23, 2016, the Intervenor filed an application with the Defendant for alteration report on livestock excreta discharge facilities on the ground of the instant land (change of the representative). On March 30, 2016, the Defendant rejected the report on alteration of the representative’s report on the ground that “A group civil petition is anticipated at the time of the receipt of the report on alteration of the representative’s place of business due to the occurrence of collective civil petitions by residents in neighboring villages due to the payment of money from several years, and the report on alteration is anticipated, pursuant to Article 18(1)2 of the Act on the Management and Use of Livestock Excreta (amended by Act No. 14881, Dec. 27, 2016; hereinafter “Act on Livestock Excreta”).

F. The Defendant, on March 30, 2016, shall be the Plaintiff.

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