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(영문) 대전고등법원 2018.04.25 2017누13217

산지전용허가신청반려처분취소

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1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The reasons why the court should explain this case are as stated in the reasoning of the judgment of the court of first instance except for the following modifications or additions. Thus, this case is cited in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

The third and third written judgments of the first instance court shall consist of three written evidence "18" with "18,43, 45".

(b) 5 square meters “24,748 square meters” below the fifth sentence of the first instance judgment shall be written with “28,748 square meters”.

(c) 6th 13th 13th 13th 201 of the judgment of the first instance court (hereinafter “201. 8. 24th 2016”) shall be written “7. 20th 2016.”

The 7th to 17th of the judgment of the first instance court was written by the Chungcheongnam-do Public Health and Environment Research Institute as follows.

The result of the examination conducted by the Chungcheongnam-do Public Health and Environment Research Institute on 11 occasions from October 24, 2016 to November 27, 2017 (hereinafter referred to as "Cheong-do Public Health and Environment Research Institute") of the Plaintiff’s 11-level asbestos in his/her place of business during the period from October 24, 2016 to Nov. 10, 2016; November 21, 2016; and December 12, 2016; 28, December 28, 2016; 2017; 21, Jul. 21, 2017; 2017; 201.

(e) 10th 14th 14th 14th 10 of the first instance judgment shall be applied to “asbestos”.

(f)the following shall be added to “the same as the latter” in the first instance judgment of the Court of First Instance 12:

If it is confirmed that the plaintiff caused harm to the health of neighboring residents due to scattering of asbestos in the course of operating the construction waste interim disposal business, the defendant will be able to review the cancellation of the construction waste interim disposal business license in accordance with the relevant laws and regulations.

However, in the absence of the grounds for cancellation of a construction waste interim disposal business license, the disposal of this case which makes it impossible to use the construction waste interim disposal business site entry into the construction waste interim disposal business, which actually brings about the effect of cancellation or cancellation of a construction waste interim disposal business license.