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(영문) 의정부지방법원 2018.06.12 2017구합12761

공장신설 승인신청 불가처분 취소

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1. All of the plaintiffs' claims are dismissed.

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

Reasons

Details of the disposition

On August 29, 2016, the name of the administrative district was changed from the Gyeonggi-do "Seoul-gun Gri, Gyeonggi-do" to the "Seoul-do Gri, Gyeonggi-do."

D The area of 1,835 square meters prior to E, 2,318 square meters prior to F, and 1,134 square meters prior to F (hereinafter “the instant planned area”) is a place designated as a planned management area pursuant to the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”).

Plaintiff

On February 25, 2012, A filed an application with the Defendant for approving the establishment of a new factory with the intent to establish a factory for the production of “ressive concrete” in the planned area of the instant project. On November 1, 2013, the Defendant rejected the application for approving the establishment of the said factory on the ground that “a civil petition for the establishment of a factory is resolved and the delivery of written consent to residents is not implemented” on the ground that the Defendant did not comply with the supplementary notification.

(hereinafter “previous Disposition”). Accordingly, the Plaintiff filed an administrative litigation seeking the revocation of the previous disposition (Seoul District Court Decision 2013Guhap16802), and on October 21, 2014, the Plaintiff’s previous disposition that rejected the application on the ground that the submission of the written consent does not fall under the formal and procedural requirements for the application for approval for the establishment of a factory, was unlawful, and the previous disposition that rejected the application on the ground that the written consent was not submitted by the resident was revoked, and became final and conclusive around that time.

On December 22, 2015, the Plaintiffs filed an application with the Defendant for approval for the establishment of a new factory containing permission for development activities pursuant to Articles 13(3) and (1) and 13-2 of the Industrial Cluster Development and Factory Establishment Act (hereinafter “Industrial Cluster Act”) to establish a factory for the production of manufacturing facilities of 91.56 square meters and ancillary facilities of 148.80 square meters (hereinafter “instant factory”).

(hereinafter “instant application”). On December 26, 2016, the Defendant rendered a central line to the Plaintiffs on December 26, 2016 as a result of deliberation by the Eunpyeong Police Station Traffic Safety Facilities Deliberation Committee.