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(영문) 전주지방법원 2018.06.20 2018구합279

건축허가(증축) 불허가처분취소

Text

1. The Defendant’s disposition of non-permission for construction permit (extension) issued to the Plaintiff on December 15, 2017 is revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. The Plaintiff is a corporation that runs construction waste collection and transportation business, construction waste interim disposal business, and recycling aggregate sales business in the Dongdaemun-gu Seoul Special Metropolitan City B.

B. On December 9, 2015, the Plaintiff submitted a waste disposal business plan to the Defendant (hereinafter “instant business plan”) (hereinafter “the instant business plan”). The business type was “designated for interim disposal of wastes” (hereinafter “designated for interim disposal of wastes”), and the planned site for the installation of facilities and equipment for the instant business, the waste subject to operation was “waste synthetic resin, waste synthetic rubber, waste synthetic rubber, waste synthetic fibres, waste synthetic fibres, waste wood, waste treatment sewage, animal and plant residues, and other inflammable waste,” and the major facilities and equipment were incineration facilities (3 tons/hours, 72 tons/dayss), storage facilities (4, 260 cubic meterss, 30 cubic meterss), prevention facilities (opportun refund facilities, reflective response facilities, waste-resistant facilities, and facilities and nurgium facilities, among commercial wastes).

C. On December 4, 2015, the Plaintiff filed an application with the former Mayor for permission for air emission facilities under the relevant provisions of the Clean Air Conservation Act with respect to the new incineration facilities under the instant business plan, and the former Mayor issued a certificate of air emission facilities to the Plaintiff on December 21, 2015.

On January 2016, the Plaintiff underwent an environmental survey on the instant project. Around January 2016, air quality pollutants generated from the instant project facilities are measured as below the legal permissible level in all items.

On January 14, 2016, the Defendant issued appropriate notice of the instant project plan (hereinafter referred to as “the first appropriate notice”) to the instant project plan on January 14, 2016, and as a matter of implementation prior to the application for a license for a waste disposal business, “National Land Planning and Utilization Act (hereinafter referred to as “National Land Planning

The determination and consultation under the urban management plan pursuant to Article 43, (2) The application for the installation of air emission facilities to incineration facilities under the Clean Air Conservation Act, and (3) the act of cutting wastes storage facilities.