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(영문) 청주지방법원 2018.09.13 2017구합1235
건축허가처분 취소 청구
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Details of the disposition;

A. On August 18, 2016, the Plaintiff filed an application for a building permit with the head of Jincheon-gun, Jincheon-gun, and one other (hereinafter “instant application site”) in order to newly build animal and plant-related facilities (hereinafter “the instant facilities”) with a total building area of 4,341.53 square meters in lots (hereinafter “the instant application site”).

The grounds for the disposition No. 1 (hereinafter referred to as the "grounds for disposition") of this case (hereinafter referred to as "the ground for disposition No. 1.1 of this case") ① in relation to the new construction of animal and plant-related facilities (hereinafter referred to as money death and compost), neighboring village residents appeal for damages, such as malodor, etc. caused by the existing livestock shed facilities from nearby village residents, and smells oppose to several times more than other livestock penss. ② Since there are many rain forests growing agricultural products, such as sewage and flood stuffs around the site of this case, there are concerns about concerns about malodor and damage caused by the construction of livestock, and economic damage caused by the movement control, etc. of farm in the event of the occurrence of a disease, such as cattle and flood dys from the facility farmers in this case. ③ In addition, the deliberation by the Urban Planning Committee for Permission of Development Activities for the establishment of a livestock disaster was rejected due to the lack of permission for the purpose of causing disputes and the occurrence of civil petitions, and the application for approval for use for non-approval of agricultural infrastructure for the construction of this case is below.

Before filing an application for the use of the same content as the description in the port, Defendant Korea Rural Community Corporation applied for the use of the same content for any purpose other than the original purpose on October 27, 2016, and Defendant Korea Rural Community Corporation applied for the use of the same content to Defendant Korea Rural Community Corporation on November 7, 2016.

The non-approval disposition was made for the same reasons as mentioned in the above Table, and the non-approval disposition referred to in the above Table refers to the non-approval disposition made on November 7, 2016.

Meanwhile, the Plaintiff’s revocation of the non-approval on November 7, 2016 by Defendant Korea Rural Community Corporation.

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