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(영문) 의정부지방법원 2016.05.24 2016구합7076

건축신고불수리처분 취소

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1. On January 6, 2016, the Defendant revoked a disposition not to accept a building report filed against the Plaintiff.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Details of the disposition;

A. The Plaintiff submitted a waste disposal business plan with the purport that the Plaintiff would install and operate a inorganic sewage disposal facility at the 64-1 (hereinafter referred to as the “instant application site”) at the time of Pakistan, and after reviewing the requirements in the subparagraphs of Article 25(2) of the Wastes Control Act at the time of Pakistan, the Plaintiff notified the Plaintiff on November 20, 2015 that the Plaintiff’s waste disposal business plan is appropriate.

(hereinafter referred to as “instant notification”). (b)

On December 21, 2015, the Plaintiff filed a construction report with the Defendant on the construction of a waste disposal facility office with a total floor area of 50 square meters on the instant application site. However, on January 6, 2016, the Defendant rendered the instant disposition that did not accept the Plaintiff’s construction report on the ground that the Plaintiff’s construction report is likely to interfere with village landscape, traffic accidents risk, residents’ residential environment are likely to be inferior, environmental pollution possibility, and multiple residents’ continuous filing of civil petitions.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 6, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The ground for the disposition of this case, which the Defendant asserted by the Defendant, was already sufficiently examined during the process of notifying the suitability of this case, and thus, it cannot be a justifiable ground for disposition, and the Plaintiff’s building report cannot be deemed to be contrary to the requirements stipulated in the related Acts and subordinate statutes, such as the Building Act. Thus, the disposition of this case, which rejected the repair,

(b) as shown in the attached Form of the relevant statutes;

C. First of all, we examine whether the Defendant could re-examine the grounds for the concerns about environmental pollution that had already been examined before the notification of suitability of the instant case and serve as the grounds for the instant disposition.

Any person who intends to engage in the business of collecting, transporting, recycling, or disposing of wastes shall submit a waste treatment business plan or a Mayor/Do Governor, and the Minister of Environment or Mayor/Do Governor who has received such business