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(영문) 대전지방법원 2017.09.28 2017구합102548
복합민원건축신고 불수리 통보처분 무효확인
Text

1. The plaintiff's main claim is dismissed.

2. A report on complex civil petitions filed by the Defendant against the Plaintiff on April 21, 2017.

Reasons

1. Details of the disposition;

A. On July 23, 2015, the Plaintiff filed a building report (hereinafter “instant report”) with the Defendant on July 23, 2015 in order to newly construct a 8,210 square meters of the building area on the ground of the 456 square meters and 15 lots (hereinafter “instant site”).

B. The instant application is located within 450 meters in a straight line from Cri village, the nearest residential congested area.

C. The former Ordinance on the Restriction on Livestock Raising of Geumsan-gun (amended by the Ordinance No. 1996, Sept. 7, 2015) stipulates 400 meters from the residential smuggling area (five or more households) as the minimum restriction distance on livestock raising with respect to pigs. However, the said Ordinance was amended by the former Ordinance on the Restriction on Livestock Raising of Geumsan-gun (amended by the Ordinance No. 1996, Sept. 7, 2015; hereinafter “former Ordinance”). Before the amendment, the said Ordinance stipulates 1,200 meters from the residential smuggling area (five or more households) as the minimum restriction distance on livestock raising. D.

On September 22, 2015, the Defendant notified the Plaintiff that the instant report was inappropriate on the ground that “the instant application constitutes an area subject to restriction on livestock raising pursuant to the previous Ordinance prior to the amendment.”

(hereinafter “former Disposition”) e.

Accordingly, the Plaintiff filed a lawsuit seeking revocation of the previous disposition against the Defendant, and was sentenced to a judgment in favor of the lower court on September 8, 2016 (No. 2015Guhap104847). The judgment became final and conclusive around that time because the Defendant did not appeal.

(F) The instant final and conclusive judgment (hereinafter “instant final and conclusive judgment”). Before the said judgment became final and conclusive, the Ordinance was amended by the Ordinance on Restriction on Livestock Raising in Geumsan-gun (amended by Ordinance No. 2065, Nov. 23, 2016; hereinafter “instant Ordinance”). The instant Ordinance prescribed “1,100 meters from the residential smuggling area (five or more households) to the minimum distance of restriction on livestock raising in swine.”

G. On April 21, 2017, the Defendant filed the instant application with the Plaintiff.

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