(영문) 의정부지방법원 2015.05.08 2014구합9689



1. The Defendant’s disposition of inappropriate notification to the Plaintiff on January 28, 2014 is revoked.



1. Details of the disposition;

A. On January 20, 2014, the Plaintiff submitted a waste treatment business plan to the Defendant on the following grounds: (a) on January 20, 2014, in order to run an intermediate recycling business of waste synthetic resin (hereinafter “instant business”) on the land outside A and four parcels (hereinafter “instant land”).

B. On January 28, 2014, the Defendant notified the Plaintiff that the pertinent waste treatment business plan is inappropriate (hereinafter “instant disposition”). The grounds for non-conformity stated in the notice are as follows.

(2) EFUDD - The adjacent areas of the project need to be strictly restricted in order to prevent influence in the disposal of wastes to the areas that promote an urban development project in order to ensure balanced regional development and ensure urban competitiveness. - The areas where the project is planned are likely to adversely affect residents' health due to malodor, water pollution, noise and vibration in crushing, dust dust, etc. generated at the time of waste storage and disposal - the occurrence of secondary air pollution damage due to the risk of fire, such as huge property and human damage to surrounding forests and forests, people, etc., and poisonous gases, etc. - The waste disposal project plan that has filed an application for a thickness is inappropriate for the project against the creation of an eco-friendly city at the time of strike, as the damage to the public interest of residents to live in a pleasant environment is likely to cause a destruction of the atmospheric environment and a serious danger in disaster safety, and to undermine the public interest of residents

2. The parties' assertion

A. The Plaintiff’s assertion 1) “B”, an urban development project, which was promoted in the vicinity of the instant land, has already been blanked, and no other urban development project is being promoted in the vicinity of the instant land. 2) The instant project is an intermediate waste disposal business, which processes waste synthetic resin, waste rubber, and waste lumber (hereinafter “waste synthetic resin, etc.”) with crushing and pressure, and takes them out to the outside. The project is a business that takes them out as recycling materials. The occurrence of malodor, water pollution, dust, noise, vibration, fire, etc. (hereinafter “ Malodor, etc.”).