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(영문) 의정부지방법원 2020.02.06 2017구합13269

공장증설승인신청거부처분취소

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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. On September 27, 2001, the Plaintiff registered a manufacturing factory with a factory site area of 16,227 square meters, manufacturing facility area of 368.40 square meters, and an ancillary facility area of 1,676.57 square meters (hereinafter “instant factory”) on the land outside Gyeyang-gu, Gyeyang-gu, Seoyang-gu, Incheon, which is a development restriction zone, and operates it.

B. On March 3, 2017, the Plaintiff: (a) set the factory site of the instant factory to the Defendant as it is; (b) details of the application for factory extension that expands the size of manufacturing facilities to 630.69 square meters; and (c) the size of auxiliary facilities to 2,501.74 square meters;

1. The description;

hereinafter referred to as “instant application”

(2) According to the majority of the vehicles (dump and ready-mixed vehicles) entering into the neighboring area including D as of the present submission of an application for road occupancy and use (other complementary matters) where the status of the area permitted (area, location, etc.), the submission of a sewage treatment plan for the extension of a factory - the installation of a drainage system, the submission of a sewage plan (existing, new classification) / the submission of a plan related to the construction / the installation of a road plan (safety construction) / the installation of a road (area, location, etc.) / the allocation of the area permitted for the road occupancy and use permit (area, etc.) / the submission of an application for the road occupancy and use permit (other complementary matters) / the submission of an application for the road occupancy and use permit / the submission of an application for the road occupancy and use permit (dump and ready-mixed vehicles) / the submission of a comprehensive response to the environmental deterioration of the E-dong residents, such as the plan, traffic congestion, noise and dust scattering of large vehicles.

C. On April 10, 2017, the Defendant instructed the Plaintiff to supplement the following matters, and demanded the Plaintiff to submit relevant materials by June 5, 2017.

(hereinafter referred to as “the first request for supplement”) d.

On June 2, 2017, the Plaintiff submitted to the Defendant a plan to improve traffic and environment following the factory enlargement of this case, and to indicate the superior plan and the road occupation portion.