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(영문) 광주지방법원 2019.06.27 2018구합12572
건축허가처분취소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of the disposition;

A. On April 9, 2018, E filed an application with the Defendant for a construction permit to newly build facilities related to the same and plant of a size of 1,914m2 in the building area of 3,345m2 (hereinafter “instant application site”) with the Defendant (hereinafter “instant disposition”). The construction permit was granted on July 4, 2018 (hereinafter “instant disposition”).

B. The Plaintiffs are residents of the former Bosung-gun G and H.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2 (including provisional number; hereinafter the same shall apply), Eul evidence 1, the purport of the whole pleadings

2. The plaintiffs' assertion of this case is unlawful for the following reasons.

The Ordinance on the Areas Restricted to Livestock of Bosung-gun provides that the distance of limitation on the raising of Han Dow-gun is 200 meters. Since there are emotionals using village residents in a place less than 180 meters away from the place of the application in this case, there are about 190-195 households, and there are about 5 households or more at a distance of about 190-195 meters, the instant disposition violated the above Ordinance.

B. The instant disposition deviates from and abused discretionary authority.

3. Attached statements to the relevant Acts and subordinate statutes;

4. Determination

A. According to Article 8(1) of the Act on the Management and Use of Livestock Excreta, the head of a Si/Gun/Gu may restrict raising of livestock in an area where it is deemed necessary to restrict raising of livestock in order to conserve the living environment of local residents or to preserve the quality of water sources. Furthermore, the Ordinance on Areas Restricted from Raising of Livestock of Bosung-gun (amended by Ordinance No. 2357, Jul. 1, 2018; hereinafter “former Ordinance”).

(A) Article 2357 of the Ordinance on July 1, 2018 (hereinafter referred to as the “Ordinance after the amendment”) provides that “within 100 meters in a straight line from the stable site to the borderline of the nearest site of the household” shall not be raised (Article 3 and attached Table 2).

The range of limitation on raising Chinese cattle has been changed to 200 meters, and amendments are made.

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