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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of the disposition;
A. On May 21, 2019, the Plaintiff filed a construction report with the Defendant on May 21, 2019 to newly build animal and plant-related facilities (a stable; hereinafter “the instant livestock shed”) with a size of 250 square meters on the ground of 1,478 square meters (hereinafter “the instant application site”).
(hereinafter “instant report”). (b)
On June 7, 2019, the 26 members of the Dong-si, who are adjacent to the application form of this case, submitted to the defendant a petition against the construction of the livestock shed of this case on the ground that the DNA wetlands ecological village creation project and the residents’ living environment damage, etc.
Accordingly, the defendant held a civil petition coordination committee on July 12, 2019, and the above civil petition coordination committee passed a resolution on the "non-acceptance of construction reports" for the reason that the occurrence of malodor and livestock wastewater is likely to infringe on the environmental preservation of nearby villages including DNA wetlands.
C. On July 16, 2019, the Defendant notified the Plaintiff of the acceptance and non-acceptance of the instant report with the purport that “The petition filed by the resident representative E and 25, requesting the rejection of the building report on June 7, 2019, is received, thereby failing to accept the building report after deliberation by the civil petition coordination committee.”
hereinafter referred to as "disposition of this case"
1) Each entry in Gap's evidence Nos. 1, 15, and Eul's evidence Nos. 5, 8, and 9, and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion 1) When the Defendant holds a civil petition coordination committee pursuant to Article 38(5) of the Enforcement Decree of the Civil Petitions Treatment Act, the Defendant must notify the Plaintiff of the meeting schedule, etc. so that the Plaintiff, a civil petitioner, can attend the meeting. However, since the Defendant did not notify the Plaintiff of the meeting schedule of the civil petition coordination committee, the above resolution of the civil petition coordination committee was procedural defect, and accordingly, the instant disposition in accordance with the result of the deliberation of the civil petition coordination committee constitutes a binding act.