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(영문) 대전고등법원(청주) 2016.10.12 2015누10392

행정심판 재결 취소

Text

1. Revocation of a judgment of the first instance;

2. All plaintiffs' claims are dismissed.

3. The plaintiffs' total costs of litigation.

Reasons

On April 17, 2012, the Plaintiffs, Co., Ltd., J, and K Co., Ltd. (hereinafter referred to as “stock company” in this case) entered into an investment agreement with the petitioner-gun to newly construct a main manufacturing factory, etc. on the ground of the Cheongju-si land and 29 lots of land (the former address is 29 parcels of land and 29 parcels of land and hereinafter referred to as “instant project site”). On July 20, 2012, the petitioner-head of the Cheongju-Gun (hereinafter referred to as “Cheongju-gun and the petition-gun were integrated from July 20, 2014, and both the authority to approve the instant project was transferred to the Cheongju-si City Mayor, but the administrative agency that made the original disposition is referred to as “head of the Gun” for convenience, and the project plan (hereinafter referred to as “instant application for approval”).

Plaintiff A’s construction area of a non-high-rise building site of the name of the company is located in the building area of Plaintiff A’s business (production) and 29 lots, and Plaintiff A’s water brewing business (facilities parts) 3,136,605 main water manufacturing business (public machinery parts) 9,581 3,800 main water and Plaintiff BO river water brewing business (ship engine parts) Plaintiff C19,443 5,100 main water Pamping and valves and similar equipment (water supply and drainage ballast) 10,710 3,50 valves Q Q distribution business and 45,12739,684 constitutes a planned management area under the National Land Planning and Utilization Act. The instant site of this case constitutes a 2km area under the National Land Planning and Utilization Act, and there is 10,710,000 main water Pamping and valves and UVs and girls and girls within the radius of 2k.

On the other hand, the work process according to the business plan of the plaintiffs is the process of manufacturing products through electricity or electricity path with joint iron, wire iron, scrap iron and mixed sand as raw materials, and they are the process of manufacturing products through slopings, heat treatment and melting.

According to this, there is no process of adding other substances, such as yellow dust, in the work process, and there is no substance such as chroman, mar, etc. in the raw materials.

In addition, the Plaintiffs are air pollutants that produce only dust in the instant business plan.