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1. On October 20, 2016, the Defendant’s disposition of non-acceptance of a construction report (a complex civil petition) against the Plaintiff is revoked.
2...
Reasons
1. On August 19, 2016, while the Plaintiff operated livestock pens (hereinafter “the instant livestock shed”), which is a partially restricted area for raising livestock, on the grounds that the Plaintiff filed a construction report (hereinafter “instant disposition”) to extend the said livestock shed on August 19, 2016. However, on October 20, 2016, the Defendant filed a construction report on the following grounds with the Plaintiff (hereinafter “instant disposition”).
The Ordinance on the Management and Use of Livestock Excreta in Jincheon-gun (hereinafter referred to as the "Ordinance of Jincheon-gun").
(ii) In order to extend livestock excreta discharge facilities in an area subject to livestock breeding by applying the previous Ordinance under Article 2(2) of Addenda to the Act, the failure to obtain the consent of at least 70/100 of the housing within 200 meters (excluding the housing for livestock pens management, including the housing for livestock pens management) (the consent rate: 56%, 25, 14 out of the 25 persons) (the grounds for recognition), the fact that there is no dispute, the entry of Gap Nos. 1 and 2, and the purport of the entire pleadings;
2. Whether the instant disposition is lawful
(a) The details of the relevant statutes are as shown in the attached statutes;
B. Determination 1) The Plaintiff first priority on Article 3(3)2 of the former Ordinance of Jincheon-gun (hereinafter “instant Ordinance”).
(2) The Plaintiff asserts that the instant disposition, based on different premise, should be revoked on the basis of the “household” that actually resides in the housing site boundary of the instant livestock shed site. The Plaintiff met the said requirements with the consent of at least 70/100 of the households living in the housing densely located within 200 meters from the boundary of the instant livestock shed site, and thus, the instant disposition, based on different premise, ought to be revoked. (2) Comprehensively taking account of the respective descriptions and arguments stated in subparagraphs A and 6 through 12, the following circumstances are revealed.
(1) The head of a Si/Gun/Gu shall designate and publicly announce a specific area, as prescribed by municipal ordinance of the relevant local government, for "area in need of the protection of living environment in a concentrated residential area" to conserve the living environment of local residents.