beta
(영문) 청주지방법원 2015.08.13 2015구합153

개발행위 및 건축불허가 처분 취소의 소

Text

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 March 26, 2014, the Plaintiff classified solid fuel products manufactured by using wastes among the solid fuel products on the ground (hereinafter “the instant application site”) on the land (hereinafter “the instant application site”) of the Cheongbuk-gun, Chungcheong-gun, U.S. and three parcels (hereinafter “S.”). While the Enforcement Rule of the Act on the Promotion of Saving and Recycling of Resources (hereinafter “Resources Recycling Act”) was amended as follows, solid fuels were classified into general SDRF and BI-SF only.

After the amendment of the former Enforcement Rule of the Resource Recycling Act (amended by Ordinance of the Ministry of Environment No. 497, Jan. 31, 2013), an application for a building permit to construct steam teams (hereinafter referred to as “instant application”) by incinerationing waste wastes, waste synthetic resin products, waste synthetic fibres products, waste synthetic fibres products, waste rubber products, waste naphtha products, agricultural wastes, waste timber, vegetable residues, waste wastes (hereinafter referred to as “SSF”), and waste wastes (hereinafter referred to as “instant facilities”).

B. In order to deliberate on the instant application, pursuant to Articles 56, 58(3)2, and 59 of the National Land Planning and Utilization Act and Article 57 of the Enforcement Decree of the same Act, a Committee on Audio Gun Planning was held and deliberated on three occasions. On October 29, 2014, the Audio Gun Planning Committee held on the instant application was resolved as “indembling.”

C. On November 6, 2014, the Defendant rendered a development act and a provisional disposition to deny the application of this case to the Plaintiff for the following reasons (hereinafter “instant disposition”).

The petition of this case is adjacent to the 2nd-ri group village in the area of the Gyeonggi-do, Chungcheongnam-do, Chungcheongnam-do, and is adjacent thereto.