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(영문) 인천지방법원 2019.01.10 2018구합52260
신고수리 거부처분취소 청구
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 July 17, 2015, the Plaintiff (former Mutual Company B) filed a report on the selection and crushing of aggregate (from July 17, 2015 to July 16, 2016) with the following details with the Defendant, and accepted the report. On July 17, 2016, the Plaintiff (former Mutual Company B) filed a report on the selection and crushing of aggregate (from July 17, 2016 to September 30, 2017) with the Defendant, and accepted the report:

On September 27, 2017, the Plaintiff filed a report on the selection and crushing of aggregate (the period from October 1, 2017 to September 30, 2020; hereinafter “instant report”) with the Defendant as follows:

- Place: Seo-gu Incheon Metropolitan City and D land (hereinafter “instant land”): 14,877 square meters - Installation facilities: Offset stone, etc. (hereinafter “instant facilities”): 200 cubic meters of daily production volume and 24,000 cubic meters of annual production volume.

B. On February 21, 2018, the Defendant rendered a disposition rejecting the instant report on the following grounds to the Plaintiff (hereinafter “instant disposition”).

- In order for the instant facilities to be installed in the manufacturing facility of Class II neighborhood living facilities in accordance with Article 3-5 [Attachment Table 1] of the Enforcement Decree of the Building Act in the instant land located in the natural green area, it shall meet the requirements such as the total floor area of less than 500 square meters under Article 76(1) of the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”) and the main sentence of Article 83(4) [Attachment Table 17] of the Enforcement Decree of the National Land Planning and Utilization Act (hereinafter “Enforcement Decree of the National Land Planning and Utilization Act”), and the installation of emission facilities under the Clean Air Conservation Act, the Water Quality and Aquatic Ecosystem Conservation Act, the Noise and Vibration Control Act, etc. In addition, it falls under the subject of a report on the installation of emission facilities under Article 23 of the Clean Air Conservation Act, Article 33 of the Water Quality and Aquatic Ecosystem Conservation Act, and Article 8 of the Noise and Vibration Control Act, and thus, it does not meet the above requirements (based on recognition).

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