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(영문) 전주지방법원 2019.01.10 2017구합2421
개발행위불허가처분취소
Text

1. The Defendant’s disposition of non-permission to engage in development activities on July 25, 2017 is revoked.

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

Reasons

1. Details of the disposition;

A. The Plaintiff is a person who raises pigs by constructing pigs and composts with a total of 2,610 square meters of a total of 60 square meters on the ground B and C in Jung-Eup.

B. On July 10, 2017, the Plaintiff filed an application for permission for development activities to install resource circulation-related facilities (hereinafter “instant facilities”) on the ground (hereinafter “instant application”) on the ground near Jung-gu, Jung-gu, Seoul (hereinafter “instant application site”).

C. On July 25, 2017, the Defendant rejected the instant application for the following reasons (hereinafter “instant disposition”).

1) Existing village residents around the area subject to the project have undergone long-term pain due to collective malodor and waste water, and due to new installation of resource circulation-related facilities (waste storage facilities), there is a possibility of a civil petition due to environmental pollution and malodor to the D village, E village and F adjacent to the area within a radius of 500 meters from the radius, and there is a risk for neighboring local residents. (ii) The installation of excreta storage facilities may cause damage to nearby agricultural management if liquid manure is lost in the horse, and there is concern that damage is likely to occur to nearby agricultural management, and there is no need to realize the purpose of development activities for public interest. [Grounds for recognition] There is no dispute about the fact that there is no dispute about the realization of the purpose of development activities for public interest, Gap, 1, 4, and 5 evidence, and the purport of the entire arguments.

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion that the instant facility that the Plaintiff sought to install is to revitalize the spawn microorganisms produced from the spawn, reduce the harmful gas and malodor generated from the spawn, reduce the quantity of excreta generated from the spawn by moving the generated excreta to resource circulation facilities through pipes, purify water generated from the spawn, purify water, and flow them into the spawn, and reduce malodor into the facilities that were stored and shipped into the spawn without any malodor remaining after disposal, and convert livestock excreta into resources.

Therefore, it is true.

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