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(영문) 대구지방법원 2017.04.14 2016구합22591

골재 선별, 파쇄 신고수리 취소 처분에 대한 취소 청구의 소

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. The Plaintiff’s application for permission for development activities, etc. 1) The Plaintiff is a company engaged in aggregate construction business, aggregate extraction, manufacture and sale business, etc., and the Posco Construction Co., Ltd. (hereinafter “Posco Construction”) which ordered construction of the central line “B” from the Gangwon Headquarters of the Korea Rail Network Authority

2) From the perspective of the construction project, the project consisting of rocks flusing of rocks generated in the course of the tunnel excavation of the construction project (hereinafter referred to as the “instant project”) and re-processed by crushinging rocks so that they may be used as construction materials, etc. (hereinafter referred to as the “instant project”).

(2) Around March 7, 2016, the Plaintiff had difficulty in implementing the project plan. (3) Around March 7, 2016, the Plaintiff was a farmland belonging to a planned management area to the Defendant.

1. As to each land listed in the list (hereinafter “instant land”), an application for permission to engage in development activities with the object of development activities as “the creation of a site based on the value of a building,” and with the content of the goods (finite) and form and quality of land.

3) On March 25, 2016, the Defendant: (a) determined the Plaintiff on March 25, 2016, the purpose of which is “the storage of goods for construction and site creation”; and (b) decided the permission for the development of goods (around 3,800 meters from the date of permission) and the permission for the temporary use of farmland for other purposes; and (c) the permission for the alteration of land form and quality (7,196 square meters) and the permission for the temporary use of farmland for other purposes. (b) The Plaintiff’s report on the selection and crushing of aggregate and the Defendant’s repair; and (b) subsequently, in order to run the instant business, the Plaintiff’s permanent site location is 7,196 square meters of the instant land; (b) the total production volume is 100,000 square meters of land; and (c) the installation period from March 1, 2016 to March 1, 2020 (hereinafter “the instant report”).

(C) On May 11, 2016, the Plaintiff was issued a certificate of completion of report by the Defendant on May 11, 2016. (c) The Plaintiff began screening and crushing of aggregate from around May 2016, on the ground that noise, dust dust, etc. occurs adjacent to the Plaintiff.