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(영문) 제주지방법원 2018.09.19 2017구합6130
공사중지처분 취소청구의소
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. The Plaintiff is a company established on January 6, 2009 for the purpose of the construction waste recycling business.

B. On March 17, 2016, the Plaintiff planned to install a construction waste interim disposal business (hereinafter “instant facility”) for interim disposal of construction waste, such as waste concrete, waste asphalts, waste bricks, waste bricks, and construction waste mixtures, and planned to conduct construction waste interim disposal business (hereinafter “instant facility”). On March 17, 2016, the Plaintiff submitted a construction waste disposal business plan to the Defendant pursuant to Article 21(1) of the Construction Waste Recycling Promotion Act (hereinafter “Construction Waste Act”), and the Defendant submitted the same year.

4. 15. A reasonable notification to the project plan was made.

C. On June 13, 2017, the Plaintiff filed an application with the Defendant for permission to engage in development activities for the creation of a construction waste open site for the said land B, and the Defendant demanded the Plaintiff to confirm the fact that the said land is included in the instant project site and to supplement the Plaintiff to file an application for permission to engage in development activities appropriate for the instant project, i

On June 26, 2017, the Plaintiff filed an application with the Defendant for permission to engage in development activities to create a site at a construction waste disposal business site (hereinafter “instant site”) with respect to the construction waste interim disposal business site of the said B, C and D land (a total of 19,640 square meters) (hereinafter “instant site”). On July 5, 2017, the Defendant filed a permission for development activities with the project period up to September 30, 2017.

Since then, in the instant site, the Plaintiff undertaken outdoor construction of the instant facility, and on November 7, 2017, the Defendant violated Article 56(1) of the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”) by installing illegal structures without obtaining permission for development activities (construction of structures) on the instant site for which the Plaintiff obtained permission for development acts (such as changing the form and quality).

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