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(영문) 청주지방법원 2019.06.13 2018구합4231
가축분뇨배출시설 설치신고수리 취소처분 취소
Text

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 September 25, 2015, the Plaintiff received the instant report. (1) On September 25, 2015, the Plaintiff is deemed to have filed the instant application with the Seoul Metropolitan Government B, Seoul Metropolitan Government B, and 2,184 square meters (hereinafter “instant application”).

A stable with a building area of 848 square meters (hereinafter “the instant stable”)

2) In order to newly build a complex civil petition report (hereinafter “instant report”)

(2) On the other hand, the filing date of the instant application falls under part of the restriction area of raising livestock within the radius of 500 meters in straight line from the village of each Eup/Myeon/Dong or the population congested area (at least 10 units) under Article 3(1) [Attachment 1] of the former Ordinance on the Management and Use of Livestock Excreta (amended by Ordinance No. 509, May 4, 2016; hereinafter “former Ordinance”), while indicating the report on the installation of livestock excreta discharge facilities as a package of disposal matters. The filing date of the instant application falls under the restriction area of raising livestock within the radius of 500 meters in straight line. On October 11, 2015, the Defendant demanded the Plaintiff to supplement to the purport that the Plaintiff “the instant application date of this case appears within the boundary of the population congested area and the apartment complex, which shall obtain consent of at least 90% of the total number of households pursuant to Article 3(3)2 of the former Ordinance.”

3) In accordance with Article 3(1) [Attachment 1] of the former Ordinance, the Plaintiff’s total number of 20 households constitutes an area where livestock raising is partially restricted within a radius of 500 meters from a village of a Eup/Myeon/Dong or a population congested area (at least 10 households) pursuant to Article 3(1) [Attachment 1] of the former Ordinance, and thus, the Plaintiff is required to obtain consent of at least 90 percent of the total number of households in the village of the above Eup/Myeon/Dong or the population congested area (at least 10 households) in order to construct livestock pens in the instant application area pursuant to Article 3(3)2 of the former Ordinance. The Plaintiff is not in dispute between the parties, and according to the statement of the evidence No. 1, it can be acknowledged that the number of households that the Plaintiff shall obtain consent pursuant to the above provision is 20 households (the Plaintiff’s “Defendant in the instant complaint”).

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