골재선별파쇄신고수리불가처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On June 19, 2017, the Plaintiff filed a report on the selection and crushing of aggregate with the Defendant pursuant to Article 32(1) of the Aggregate Extraction Act as follows:
(hereinafter referred to as “instant report”). - The place where a camping site is installed: The area for installation of 359-3 and 359-4 - The area of the building in Ansan-si (hereinafter referred to as “instant land”): 10,444 square meters: Aggregate sorting, crushing, and camping stations (hereinafter referred to as “instant facilities”) - The amount of production: The amount of production: 450 square meters per day, annual production of 450 square meters, annual production of 108,000 square meters: from August 2017 to April 13, 2019.
On July 7, 2017, the Defendant issued a notice that the instant report cannot be accepted on the ground that the instant land constitutes a natural green area in which the location of aggregate sorting, crushing, and camping place is impossible (hereinafter referred to as “instant disposition”).
[Reasons for Recognition] Facts without dispute, Gap evidence 1, No. 2-1, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The defendant asserts that the disposition of this case is legitimate in light of the grounds for disposition and the relevant laws and regulations.
As to this, the Plaintiff asserted that the instant disposition should be revoked on the following grounds.
① As the instant facilities are not buildings, the provisions governing restrictions on construction of buildings do not apply under the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”).
The plaintiff has filed the instant report pursuant to Article 32 (1) of the Aggregate Extraction Act, and the defendant shall accept it.
(2) Even if the National Land Planning Act applies, the instant facilities fall under Class II neighborhood living facilities of subparagraph 4 (p) of the Enforcement Decree of the Building Act, and may also be constructed within the natural green area pursuant to Article 71 of the Enforcement Decree of the National Land Planning Act.
(b) as shown in the attached Form of the relevant statutes;
(c) Determination 1 Article 32(1) of the Aggregate Extraction Act is not less than that prescribed by Presidential Decree;