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(영문) 수원지방법원 2016.09.20 2016구합62901
개발행위불허가처분취소
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 February 10, 2015, the Plaintiff filed an application with the Defendant for permission for development activities (hereinafter “instant application”) with the content of changing the form and quality of land to create a site for animal and plant-related facilities (hereinafter “instant fraternity”) on the area of 23,014 square meters (hereinafter “instant land”) out of 45,436 square meters in the wife population D, which is jointly owned by B and C (hereinafter “instant land”).

B. Upon the Defendant’s request for consultation, the Han River basin basin environmental office requested the Defendant to supplement a small-scale environmental impact assessment report on June 12, 2015, and the Plaintiff submitted a small-scale environmental impact assessment report on July 2015, and thereafter, the Defendant notified the Plaintiff on September 24, 2015 that the following supplementary measures should be supplemented by November 27, 2015:

In the course of consultation on the total pollution load and small scale environmental impact assessment, the plan for the project should be adjusted (reduction of the area of development, etc.) to reduce the initial project plan (20,000 du 26,700 du 26,700 du 200 du 26,700). As a result of consultation on small scale environmental impact assessment, there is concern that additional environmental pollution and allocation load due to the increase in the total pollution load are likely to be exceeded due to the increase in the total pollution load. As a result, the detailed additional plan for the reduction of malodor is identified to identify the specific transportation route of livestock excreta to present specific measures for the reduction of malodor in the event of civil petitions due to malodor submitted to the plan for detailed transplantation, the degree of impact on the fixed facilities in the transportation route is identified, and when construction works are conducted to present the reduction measures for the environmental issues that may occur during the transfer, the location and scale of the facility, the plan for development and the plan for the prevention of contamination, etc.

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