건축허가 취소 및 건축허가사항 변경신청 반려 처분 취소 청구의 소
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. The Plaintiff is a corporation that intends to engage in waste treatment business in the area of 9,890 square meters of land for factory in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do (hereinafter “instant project site”).
B. On July 2007, the Plaintiff’s interim waste treatment business plan, the main contents of which include “one of the general incineration facilities installed in the instant project site, 96 tons of daily waste treatment capacity (designated waste 8 tons and designated non-designated waste 88 tons), and 2 tons of daily average incineration facilities,” to the head of the original regional environmental office of Korea (hereinafter “the instant first business plan”) around July 2007.
(2) On January 1, 2007, the Plaintiff: (a) installed one general incineration facility in the instant project site; (b) submitted a plan for interim waste treatment business with a daily waste treatment capacity of 72 tons (30% of designated wastes, and 70% of designated wastes) to the head of the original regional environmental office; (c) on July 2007, the Plaintiff changed the project plan with a capacity of 96 tons of waste treatment capacity (96 tons of designated wastes, 8 tons of designated wastes, and 88 tons of non-designated wastes); (d) obtained the instant construction permit based on the revised project plan with a capacity of 96 tons of waste treatment capacity; (b) thus, the details of the project plan submitted around July 2007 are referred to as “the instant first project plan.” (d) The Plaintiff filed an application with the head of the original regional environmental office for the construction of excreta treatment facilities on September 1, 2007, for the construction of equipment and facilities in accordance with the instant project plan, but rejected the Plaintiff’s application for the construction permit.
3. Accordingly, on January 17, 2011, the Plaintiff filed an administrative litigation against the Defendant for the revocation of the said provisional disposition of denial of construction as the Cheongju District Court 201Guhap131, and the said court on August 25, 2011.