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(영문) 대구지방법원 2015.08.18 2014구합22146
공장신설승인처분취소등
Text

1. All of the plaintiffs' claims for revocation of a building permit among the plaintiffs' lawsuits are dismissed.

2. The plaintiffs' remaining claims.

Reasons

1. Details of the disposition;

A. The Plaintiffs are residents living in the B Apartment-si (hereinafter “instant apartment”).

B. On March 3, 2014, the Defendant filed an application with the Defendant for approval of the establishment of a factory for the construction of a new factory (factory and dormitory) of the total floor area of 7,286.85 square meters (three stories) on the said land (hereinafter “instant factory”) pursuant to Article 13 of the Industrial Cluster Development and Factory Establishment Act (hereinafter “Industrial Cluster Act”). Around that time, the Defendant filed an application for permission to construct a new factory on the said land.

C. Accordingly, after consultation with the relevant department, the Defendant requested the Intervenor to supplement the content that “the instant apartment is located in the neighboring site of the application site, and there is a concern about the occurrence of noise, so that there is a concern about the occurrence of noise,” and the Intervenor prepared a “civil petition measure” and submitted it to the Defendant.

On April 28, 2014, the Defendant added the Defendant’s Intervenor’s Intervenor’s new construction approval of the factory (hereinafter “instant disposition”) pursuant to Article 13 of the Industrial Cluster Act on the condition that “to comply with the opinion of consultation on the examination of factors influencing disasters,” “to comply with the opinion of prior consultation on the examination of factors influencing disasters,” and “to commence a project after suspending progress when a civil petition due to construction or operation is filed,” and the main contents of the opinion of prior consultation on small environmental impact assessment and prior consultation on factors influencing disasters are as

Details of consultation on a small environmental impact assessment (Evidence A 3)

Ⅱ A thorough environmental management shall be ensured so that civil petitions may not occur due to the overall implementation of the project, and where civil petitions occur, a project shall be implemented after devising the countermeasures after consultation with the parties concerned;

Ⅲ Limit the speed of vehicles to reduce noise and vibration provided that facilities around the project area for consultations by item meet the standards for noise and vibration regulation;

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