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(영문) 부산지방법원 2015.05.01 2014구합3502

건설폐기물처리사업계획서 부적합 통보처분 취소

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 October 28, 2013, the Plaintiff: (a) installed a construction waste disposal business plan with four (1,200t/day), five screening facilities, one meter for measuring facilities, one meter for storage facilities (15,578t, 12 days for storage), and two (12) days for crushing and screening waste such as waste concrete (hereinafter “instant business plan”) with a construction waste disposal business plan with the content that the Plaintiff is planned to install an interim disposal business plan for manufacturing recycled aggregate (hereinafter “the instant business plan”) on the ground of the area where the Plaintiff filed an application for the instant land”).

B) On April 7, 2014, the Defendant submitted the construction waste disposal plan to the Plaintiff for the following reasons. (1) A construction waste storage site is to be installed at a height of at least 10 meters if it appears outside, but the construction waste storage site is to be installed by dividing it into two places under the construction waste disposal plan, and the dustproof wall height of one place does not meet the facility standards of seven meters. (2) A construction waste disposal project is to be produced at 1,200 sets and immediately transported a large quantity of circular aggregate due to the characteristics of the construction waste disposal project, and it does not fit in reality to immediately transport it to another place. However, it does not go against the urban landscape because it does not have to be properly installed in neighboring mountainous areas, green areas, etc. due to the lack of space to be filled in the application site of this case. (3) The total volume of construction waste disposal at Busan City as of 2014 is to be reduced continuously by 9,727t (the average volume of construction waste disposal facilities in the last three years) or the total volume of construction waste disposal facilities is expected to be 16.