logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2017.06.29 2016구합105748
건축허가신청반려처분취소
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 June 27, 2016, Plaintiff A filed an application for a construction permit (hereinafter referred to as “each of the instant applications”) with a view to newly constructing a stable using money with a building area of 346.5 square meters on the ground of 1,279 square meters in Chungcheongnam-gun, Hongsung-gun, Hongsung-gun on June 23, 2016, Plaintiff B, on the ground of 2,296 square meters in the building area of 692.65 square meters in building area, and Plaintiff C, on June 20, 2016, on the ground of 2,536.28 square meters in order to newly build a stable using money (hereinafter referred to as “each of the instant applications”).

B. Article 3(1) of the former Ordinance on Areas Restricted for Livestock Raising (amended by Ordinance No. 2223, Oct. 30, 2015; hereinafter “former Ordinance”) provides that “within 200 meters from the boundary of the housing site in a residential densely-populated area as an area subject to livestock raising restrictions (Article 3(1)); and the head of a Gun may, if deemed necessary to protect the living environment of residents, restrict installation of livestock excreta discharge facilities (scale above the size subject to reporting) for an area within 1,000 meters in straight line in a residential densely-populated area, where the head of a Gun considers it necessary to protect the living environment of residents, even if the area does not fall under an area subject to livestock raising restrictions (Article 3(1)). However, the same shall not apply to cases where at least 70% of the head of a village where livestock excreta discharge facilities belong, and the head of a neighboring village village with anticipated damage, with consent of 100% of the head of

(Article 3(3) of the Ordinance prior to the amendment, the Ordinance was amended to the Ordinance on Restriction on Livestock Raising of Hongsung-gun on October 30, 2015 (Ordinance No. 2223, Oct. 30, 2015; hereinafter “instant Ordinance”). From July 1, 2016, the instant Ordinance, which was effective as of July 1, 2016, prescribed an area within 1,000 meters in a straight line from the boundary of a house site in a residential densely-populated area as an area where livestock breeding is restricted in a straight line.

(Article III, Paragraph 1, c).

Each of the applications in this case is within the scope of 1,000 meters from the boundary of the housing site in the residential densely-populated area, and Plaintiff A: 300 meters, and Plaintiff B.

arrow