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(영문) 대구고등법원 2018.02.02 2017누6489

창업사업계획승인신청불승인처분 취소

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1. Revocation of the first instance judgment.

2. On August 4, 2016, the Defendant applied for approval for the establishment of a new business with respect to the Plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff is a manufacturer or seller of ready-mixed, which is subject to the application of the Support for Small and Medium Enterprise Establishment Act.

On May 17, 2016, the Plaintiff filed an application with the Defendant for approval of a business plan for a small and medium enterprise establishment to newly build and operate a ready-mixed factory (hereinafter referred to as “instant factory”) with a total of 9,290 square meters of 9,126 square meters among 120-1 forest 6,000 square meters in the Yansan-gun, Yansan-gun, the planning management area of which is 474 square meters, among 120-2 forest 19,683 square meters in the same Ri, and 281-4 road 281-4 road 4,214 square meters in the same Ri (hereinafter referred to as “the instant application site”).

(hereinafter “instant application”). (b)

The details of the application attached to the instant application include the items of “permission for development acts” (the construction of a structure: 474.4m2, and change of land form and quality: 9,290m2).

In the vicinity of the application site of this case, residents have continuously complained of various damages due to freezing factories, compost factories, or the construction of the East Sea Railroad, and neighboring villages (Cr. 1, 2) are living in the area of collective development, 60 households, 120 residents, and 120 residents are living in the area of collective development. The surrounding areas of the project site of this case are growing various agricultural products, etc. on livestock pens, natural mountain, natural mountain, orchard, orchard, and farmland, and there is a concern of infringement of living, damage to farmland, and damage to farmland due to noise, vibration, dust, and dust. Since wastewater can be discharged without permission in the case of rain and rain, it is not suitable under Articles 35 and 36 of the Integrated Guidelines for the Development of Industrial Sites as the damage to agricultural products due to pollution of nearby livestock.

Since a large number of farmland is adjacent to the 5 line around the Gun roads to be used as the entrance roads to the instant application site, a large-scale vehicle due to the construction of the East Sea Line, which is currently being constructed, may cause a greater obstacle to the living environment of residents and the cultivation of farmland, while a large-scale vehicle for transporting ready-mixed and raw materials is being operated additionally.