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(영문) 수원지방법원 2017.10.24 2016구합69131
대집행계고처분 취소 청구
Text

1. On October 28, 2016, the Defendant’s disposition of the dismissal of vicarious execution against the Plaintiff is revoked.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Details of the disposition;

A. On March 3, 200, the Governor of the Gyeonggi-do changed the area of 55,130 square meters of the daily work site for Pyeongtaek-si, Dong-dong E-dong, into an urban district development project district (hereinafter “previous project district”) pursuant to Article 12(1) and (4) of the former Urban Planning Act (wholly amended by Act No. 6243, Jan. 28, 2000).

B. The Plaintiff is the owner of Pyeongtaek-si F, G, and H land located in the previous project district, and operates a liquefied petroleum gas charging station on each of the above lands.

C. The Plaintiff filed an application with the Defendant for permission for development activities (temporary placement of goods) aimed at installing a chassis on the ground of Pyeongtaek-si F and G (hereinafter “each of the instant lands”) in order to install a chassis in the charging station and conduct the tea business. D.

On May 2001, the Defendant: (a) around May 15, 2001, determined the permission period from May 2001 to May 15, 2004; and (b) added the following conditions of permission, the Defendant granted permission for the development of the detailed installation (hereinafter “instant permission”) pursuant to Article 46(1)1 of the former Urban Planning Act (amended by Act No. 6555, Feb. 4, 2002; hereinafter the same shall apply).

Written permission for development activities (certificate No. 1)

1. The timing for obtaining approval for the use of State property shall be the subject of that approval;

(B) Prior to the commencement of the construction, approval for use of state property shall be obtained; 2. Subject to the report on the scattering dust project under the provisions of Article 28 of the Clean Air Conservation Act and subject to the prior report on the specified construction under the provisions of Article 25 of the Noise and Vibration Control Act. subject to the report on installation of discharge facilities

(5) 3. An application for completion inspection shall be made lawfully in accordance with the provisions of Article 12 of the Enforcement Rule of the Sewerage Act, together with a photograph before and after the completion of the drainage system.

n.4. Project implementation should be conducted by the Project Plan and modify the Project Plan or permit area.

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