육상골재채취허가신청반려처분취소
1. The Defendant’s disposition of rejecting an application for permission for aggregate extraction filed against the Plaintiff on April 28, 2015 is revoked.
2. The costs of lawsuit shall be.
1. Details of the disposition;
A. 1) On November 12, 2013, the Plaintiff filed the previous application for permission and the withdrawal of the application with the Defendant, and on November 12, 2013, 27,000 square meters out of 52,469 square meters in Nam-gu, Nam-gu (hereinafter “instant application”).
In order to collect sand, etc. from 103,037 cubic meters, an application for permission to extract aggregate, including permission for development of complex civil petitions, was filed in the form of complex civil petitions (hereinafter “previous application for permission”).
(2) On April 2014, the Defendant referred the matter to the Urban Planning Committee’s agenda at port. On April 17, 2014, the Urban Planning Committee held a meeting on April 17, 2014 to deliberate on an application for permission to engage in development activities for the purpose of extracting aggregate, and recommended the Plaintiff to comply with the vehicle access plan and the measures to prevent damage upon occurrence of damage, and passed as the original plan.
3) However, on August 5, 2014, the residents nearby the instant application site constantly filed a civil petition opposing the permission on the ground that there is concerns over ground subsidence and equal heat generation due to changes in groundwater level when extracting aggregate, and on the credibility of the report (Evidence A6) on the assessment of the stability of adjacent structures submitted by the Plaintiff at the time of application, the Plaintiff withdrawn the previous application on the ground that the examination of stability of adjacent structures is necessary on June 11, 2014. (B) accompanied by a geological survey on the instant application and a report (see Grade B engineering doctor, land and basic technical engineer C, and evidence A7) prepared by requesting a review of the stability of adjacent structures, accompanied by a geological survey on whether the instant application was filed and a report (see, e.g., evidence B engineering doctor, land and basic professional engineer C, and evidence A7) prepared by the Plaintiff to review the stability of adjacent structures.
2 In regard to the instant application, the adjacent residents of the Ddong shall be responsible for ground subsidence risk, concern over infringement of property rights and environmental rights that may arise when collecting aggregate, and civil petitions such as sick waste due to the extraction of aggregate in neighboring areas, and E companies adjacent to the place of the application.