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(영문) 대구지방법원 2018.04.25 2017구합2570
건축신고 반려처분취소
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. On June 9, 2017, the Plaintiff filed a building report including permission for development activities and permission for and report on the installation of livestock excreta discharge facilities to newly construct a building area and a total floor area of 9 square meters, and a facility related to the same plant and plant of the steel pipe structure (hereinafter “the instant livestock shed”) on the 2,744 square meters (hereinafter “instant land”) in Kimcheon-si, Kimcheon-si, which belongs to a planned control area (hereinafter “instant land”).

B. The Defendant’s June 26, 2017 and its damage

7. On August 11, 2017, the Plaintiff requested the Plaintiff to supplement the building report to the effect that the instant land constitutes an area subject to livestock raising restriction pursuant to Article 4 of the Ordinance on the Restriction of Livestock Raising in Kimcheon-si (hereinafter referred to as the “Seoul-si Ordinance”) on three occasions, and that the instant land cannot raise livestock in the area subject to livestock raising restriction, and that it should not be used for any other purpose.

C. However, the Plaintiff did not comply with the above request for supplement, and the Defendant rejected the above building report to the Plaintiff on August 18, 2017.

(hereinafter “instant disposition”) D.

On October 30, 2017, the Plaintiff filed an administrative appeal seeking the revocation of the instant disposition with the Gyeonggi-do Administrative Appeals Commission. However, the Plaintiff’s appeal was dismissed on October 30, 2017.

【Ground of recognition】 Evidence Nos. 1, 3, 4, Eul Nos. 2, 3, and 4, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) The instant livestock shed area of this case is merely 9 square meters and is merely 9 square meters of the non-existence of the grounds for disposition, and thus, the Act on the Management and Use of Livestock Excreta (hereinafter “Act

In installing emission facilities pursuant to Article 11, it is not required to obtain permission or report from the defendant.

Nevertheless, the Kimcheon-si Ordinance prohibits the raising of livestock by raising small livestock in the above-mentioned area where livestock raising is restricted.

This is a subordinate Ordinance of Kimcheon-si, which is a subordinate statute that does not limit the upper law.

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