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(영문) 대구지방법원 2019.07.03 2019구합20206
건축신고불허가처분 등 취소의 소
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 August 2015, Plaintiff B is the party’s position 1) Plaintiff B: (a) Dong-dong, Dong-si, the Defendant: (b) 9,531 square meters and D 128 square meters (hereinafter “instant application site”).

(3) an animal or plant-related facility of a size of 3,258 square meters in the building area (or a construction report for new construction of a stable) and the same year;

9.4. The above building report was accepted.

2) On December 1, 2015, Plaintiff A filed a construction report with the Defendant on December 1, 2015, to newly build animal and plant-related facilities (the size of a building area of 862 square meters) on the land in the instant land among the instant application site, and the said construction report was accepted on December 23, 2012 of the same year (hereinafter collectively referred to as “acceptance of the original construction report”).

(3) Meanwhile, Plaintiff B is a stable, playground, and place prescribed by Ordinance of the Ministry of Environment, where livestock excreta is generated as a result of raising livestock waste-generating facilities pursuant to Article 11 of the Act on the Management and Use of Livestock Excreta from the Defendant on December 16, 2015 (hereinafter “the Livestock Excreta Act”), and Article 7 of the Enforcement Decree of the same Act.

(Article 2 subparag. 3 of the Livestock Excreta Act). Permission for installation was granted.

B. Plaintiff B filed an application for permission to change the reported matters in Plaintiff B’s report on October 7, 2015, and Plaintiff A filed an application for permission to change the construction area from 3,258 square meters to 4,316 square meters, on December 29, 2015, with the scheduled commencement date of the construction work fixed as of December 29, 2015. However, on March 29, 2018, Plaintiff B filed an application with the Defendant for permission to change the construction area from 5,00 square meters to 3,258 square meters from 3,258 square meters, and the building area was changed to 4,316 square meters from 3,316 square meters.2) On July 2, 2018, the Defendant filed an application with Plaintiff B for permission to change the construction area within 500 meters from the filing date of the application.

In this location, it does not meet the location standards set by the Livestock Industry Act, and water management and residents support in the Nakdong River Basin.

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