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(영문) 부산지방법원 2018.03.22 2017구합23781
건설폐기물 임시보관장소 설치승인신청 반려처분 취소
Text

1. On August 23, 2017, the Defendant’s application for the establishment of a temporary construction waste storage place against the Plaintiff is rejected.

Reasons

1. Details of the disposition;

A. On October 4, 2016, the Plaintiff submitted to the Defendant a construction waste disposal business plan that is equipped with a plan for securing facilities, equipment, and technical capacity to engage in construction waste collection and transportation business in the Busan-gun’s Articles of Incorporation 7-51 (hereinafter “instant land”) and received a reasonable notification on October 27, 2016, and obtained a construction waste collection and transportation business license from the Defendant on March 2, 2017.

B. After July 2017, the Plaintiff filed an application with the Defendant for approval of installation of a temporary construction waste storage site as shown below on the ground of the instant land.

Hubbluor volume storage period of construction waste-type volume, volume of construction waste-type, volume of construction waste-type, 203 305 10 days throughout the country, 294 410 days throughout the country, 193 290 days of waste concrete-type 10 days of waste-type

C. On August 23, 2017, the Defendant: (a) the instant land is a natural green area for the specific use area; (b) the use of a ground building is a Class II neighborhood living facility and warehouse facilities under Article 2(2)4 and 18 of the Building Act; (c) the temporary storage place for construction waste falls under resources circulation-related facilities under Article 2(2)22 of the Building Act and thus the alteration of the use of a building pursuant to Article 19 of the Building Act; (d) however, the condition for permission for the development of the instant land was prevented from changing the use of the relevant building; and (e) thus, the Defendant

(hereinafter “instant disposition”) D.

The Plaintiff filed a petition with the Busan Metropolitan City Administrative Appeals Commission for adjudication seeking revocation of the instant disposition, but the Busan Administrative Appeals Commission dismissed the said petition on September 26, 2017.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 6, 8, Eul evidence 1 to 5, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1 is that the Defendant is a temporary construction waste storage facility for recycling resources.

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