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(영문) 부산지방법원 2017.06.09 2016구합24749

건설폐기물처리 사업계획서 부적정통보처분 취소

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1. On August 29, 2016, the Defendant’s disposition of improper notification of a construction waste disposal business plan against the Plaintiff.

Reasons

1. Details of the disposition;

A. On June 8, 2016, the Plaintiff submitted a construction waste disposal business plan (hereinafter “instant business plan”) stating that the Plaintiff shall install a construction waste disposal business site (i.e., waste concrete, construction waste soil and stone, mixed construction waste, etc.) with crushing and sorting facilities, storage facilities, etc. in order to engage in the production and sales business of recycled aggregate in Busan-gun, Busan-gun, C Forest, and Factory Site (hereinafter “instant project site”).

B. On June 23, 2016, the Defendant: (a) requested the Plaintiff to supplement (including a plan to secure waste storage facilities, a plan to install a cover cover for vehicles for collection and transportation; (b) submission of data on saving, banking, packing, occurrence of structures; and (c) whether to change the purpose of the use of buildings at the time of installing various structures and facilities; and (d) on August 17, 2016, the Defendant demanded the Plaintiff to supplement the installation of construction waste storage facilities for the existing temporary waste storage facilities and prospective waste storage facilities (a supplement of a plan for the installation of a construction waste storage facility (a earthquake walls, water slaughter facilities, a water-proof cover, floor cover, roof cover)); and (b) the Plaintiff submitted supplementary documents, etc. to the Defendant upon

C. On August 29, 2016, the Defendant notified the Plaintiff of the business plan due to the following reasons.

(hereinafter “instant disposition”). In the event that the instant project plan is inappropriate, ① the planned area is a natural green-belt area in the special-purpose area, and the land category and purpose of the building are to operate a construction waste interim disposal business pursuant to Article 2(2) of the Building Act, the purpose of use should be changed to “recycling-related facilities” in accordance with the purpose of the building prescribed in attached Table 1, and permission for development activities should be granted pursuant to Article 57(1) of the National Land Planning and Utilization Act. Thus, this is not consistent with the original purpose of the building permission, and the establishment of resources circulation-related facilities in a natural green belt is required.