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(영문) 춘천지방법원 2014.08.29 2014구합4335
사업계획승인취소처분취소
Text

1. On March 28, 2014, the Defendant’s revocation of the approval of the business plan against the Plaintiff is revoked.

2. Of the costs of lawsuit.

Reasons

1. Details of the disposition;

A. The Plaintiff conducted an environmental impact assessment on the instant land through the Taecheon-gun, Hongcheon-gun, Hongcheon-gun, 1,498,345 square meters (hereinafter “instant project site”) in order to carry out the “red red Briet development project” (hereinafter “instant project”). In order to create a membership golf course in the instant project site, the Plaintiff conducted the environmental impact assessment on the instant land through the Taecheon-gun, Hongcheon-gun, Hongcheon-gun, A (hereinafter “Tricheon-gun”).

B. On December 30, 2010, the Plaintiff obtained the approval of the instant business plan from the Defendant.

C. On March 28, 2014, the Defendant issued a disposition to revoke the approval of the project plan of the instant project on the ground that “the environmental impact assessment conducted on the instant project site was conducted fraudulently or poorly, and the forest survey was conducted poorly, which constitutes “the case where the approval of the project plan or the modification thereof was obtained by false or other unlawful means” as stipulated in Article 31 subparag. 1 of the Installation and Utilization of Sports Facilities Act (hereinafter “Sports Facilities Act”).

The statutes related to this case shall be as listed in the attached statutes.

【Ground for recognition】In the absence of dispute, Gap evidence No. 1, Eul evidence No. 1, the purport of the whole pleadings

2. The parties' assertion

A. In the environmental impact assessment on the land of this case, the person who did not actually participate in the investigation is not only indicated in the list of participants in the investigation, but also the environmental impact assessment report submitted by the Plaintiff at the time of the application for approval of the project plan and the forest survey report for conversion of a mountainous district was poorly prepared, and the degree of the defect is serious. This constitutes “where the approval of the project plan or the modification thereof was obtained by fraudulent or other illegal means” as stipulated in subparagraph 1 of Article 31 of the Sports Facilities Act, which

(b).

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