도시관리계획결정입안제안신청반려처분취소
1. Revocation of a judgment of the first instance;
2. The Defendant’s decision on the urban management planning against the Plaintiff on June 1, 2012.
1. Details of the disposition;
A. On January 9, 2012, the Plaintiff filed an application for a building permit with the Defendant, and the Defendant’s request for supplementation, filed an application with the Defendant for a building permit for the treatment of excreta and waste disposal facilities (waste disposal facilities) in order to construct the wastewater treatment facilities to jointly treat sewage and waste generated throughout the country in the area where the relevant project is planned in a sum of 397-6, 397-7 square meters (hereinafter “area scheduled for the instant project”).
Accordingly, on January 26, 2012, the Defendant issued a request to supplement an implementation plan after receiving an authorization for an implementation plan, as the waste disposal facility is subject to the determination of an urban management plan under Article 43 of the former National Land Planning and Utilization Act (amended by Act No. 11579, Dec. 18, 2012; hereinafter “National Land Planning Act”).
B. On March 15, 2012, the Plaintiff, including the Plaintiff’s application for drafting an urban management planning facility and the Defendant’s request for supplementation, filed an application for formulating an urban management planning facility to newly install water pollution prevention facilities (wastewater treatment facilities; hereinafter “instant wastewater treatment facilities”) in the instant project site pursuant to Article 26 of the National Land Planning and Utilization Act.
On March 20, 2012, the defendant demanded the plaintiff to supplement the landscape review report, the prior review report on factors influencing disasters, the degree of discharge water discharge system, etc.
On May 15, 2012, the Plaintiff newly prepared and submitted a business plan concerning the installation and operation of wastewater treatment facilities to the Defendant, reflecting the aforementioned complementary demands.
C. On June 1, 2012, the Defendant issued a notice to the Plaintiff on June 1, 2012 that the Plaintiff would return the Plaintiff’s proposal to formulate an urban management planning facility for the following reasons.
(hereinafter “instant disposition”). A.
Residents due to environmental pollution ( Malodor and water pollution) caused by the installation of entrusted wastewater treatment facilities.