공장설립승인 무효확인 등
1. All of the instant lawsuits are dismissed.
2. The costs of the lawsuit, including costs incurred by participation, are all assessed against the Plaintiff.
1. Details of the disposition;
A. On July 30, 2015, the Plaintiff, as the owner of the land B and 10 parcels in Yongsan-gu, Manyang-si (hereinafter “related land”), was granted a construction permit from the Defendant for the construction of a new building, the main purpose of which is a medical facility (a hospital) on the said land.
B. On September 24, 2015, as the owner of the land listed in the separate sheet (hereinafter “instant land”), the Defendant was granted a new construction approval for the instant plant (hereinafter “instant factory”) on the ground of the instant land, setting the type of business from the Defendant as “other stone products manufacturing business” as the type of business.
(hereinafter “instant disposition”). C.
The Defendant Intervenor purchased the instant land from the above A and five persons on October 2, 2015, and completed the registration of ownership transfer with respect to the instant land on October 22, 2015, and obtained approval from the Defendant on February 5, 2016 for the change of name, etc. of the instant disposition.
The Defendant Intervenor newly constructed the instant factory and obtained the approval of the use of the instant factory from the head of Sinsan-dong Office on April 27, 2017.
The relevant land and the instant land are adjacent at a distance of about 16 meters.
[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, 4, Eul evidence 8, Eul evidence 9, 10 (including each number; hereinafter the same shall apply), the purport of the whole pleadings
2. Determination on the principal safety defense of the Defendant and the Intervenor joining the Defendant
A. The Plaintiff’s assertion 1 of the parties’ assertion is for the “alley selection and crushing business” and the Defendant received the instant disposition by making the instant plant type “other tin products manufacturing business.” As such, the instant disposition has defects in the process or examination necessary to approve the establishment of a factory whose type of business is a “alley selection and crushing business,” and such defects are significant, apparent or illegal, and thus, the instant disposition should be invalidated or revoked.
In addition, the purpose of this case is to screen and scrap aggregate.