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(영문) 대전지방법원 2017.06.07 2016구합105991

공장신설불승인처분취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Details of the disposition

On April 5, 2016, the Plaintiff applied for the approval of the establishment of a factory (hereinafter “instant factory”) to establish a non-metallic mineral crushing production plant (hereinafter “instant factory”) in B and one parcel outside the Si of official residence (hereinafter “the instant application site”) to the Defendant on April 5, 2016.

(hereinafter referred to as “instant application.” On August 25, 2016, the Defendant rendered a disposition of non-approval of a new factory on the ground that “(i) the pertinent civil petition is an inappropriate civil petition for the purpose of evading environmental impact assessment; ② the civil petition coordination committee for the pertinent project was an inappropriate response to the relevant project as a result of the deliberation of the civil petition coordination committee for the relevant project; ③ the consultation on the permission of development activities upon the application for permission of development activities by the Urban Planning Committee and the factory establishment approval committee for public city planning; and

(hereinafter “instant disposition” (hereinafter “instant disposition”). Inasmuch as there is no dispute, the written evidence Nos. 1, 11, 24, and Nos. 3 and 6 (including a serial number; hereinafter the same shall apply) of Gap’s 1, 11, 24, and Eul’s 3 and 6 (including a serial number; hereinafter the same shall apply)’s overall purport of the instant disposition, the Plaintiff’s instant application does not aim to avoid any mini environmental impact assessment, and all of the mitigation measures are prepared for the prevention of environmental damage. The Defendant rendered the instant disposition on the grounds that there is no need for significant public interest, and thus, the instant

It shall be as shown in the attached Form of the relevant statutes.

Facts of recognition

The following facts may be acknowledged in light of the above evidence and Gap evidence Nos. 3 through 10, Eul evidence Nos. 1, 2, 4, 5, 7 through 9, and the purport of the whole pleadings.

On June 11, 2015, the Plaintiff applied for approval for the establishment of a new factory to establish a non-metallic mineral manufacturing plant in the instant application site, and “the first application is the factory site of 16,550 square meters, manufacturing facilities of 525 square meters, and hereinafter referred to as “the first application”).

on August 18, 2015.