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(영문) 의정부지방법원 2014.05.13 2013구합1909
처분취소
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, a corporation established for the purpose of interim waste disposal business, etc. on June 29, 200, installed waste disposal facilities (capacity: 1.25 tons per hour; hereinafter referred to as “existing business site”) on the land of 350-7㎡ and its ground in Gyeyang-dong, Gyeyang-dong, Yangju-si, Yangju-si, and operated an interim waste disposal business at that place.

B. However, as the Plaintiff’s existing land was incorporated into a site for public works of the Korea National Housing Corporation, on January 22, 2009 with respect to the above waste disposal facilities, and on November 12, 2009 with respect to the above land for a factory, the registration of transfer of ownership in the name of each Korea National Housing Corporation was made on the ground of land expropriation on November 12, 2009. In the compensation process, the Plaintiff demanded the Korea National Housing Corporation to compensate for the discontinuance of business. However, on March 24, 2009, the Plaintiff received compensation for suspension of business, not compensation for closure, from the Korea National Housing Corporation on March 24, 2009.

C. On April 6, 2012, the Plaintiff: (a) transferred the existing business site to five parcels (hereinafter “instant business site”) including 506-3, etc. on the south side of the two weeks; (b) and (c) submitted a business plan stating that “The Plaintiff is engaged in an interim waste disposal business that treats three tons (72 tons a day) per hour at the same location; and (d) on April 6, 2012, the Han River basin basin basin environmental office installed one flag ( capacity: 72 tons a day) for incineration facilities, which are waste disposal facilities, in the instant business site, to dispose of the designated waste 3.6 tons a day and 68.4 tons a day of general waste per day (hereinafter “instant business plan”).

The Han River Environmental Office which has reviewed the instant project plan shall supplement data on environmental surveys, etc., and shall notify the Plaintiff of the appropriateness of the instant project plan on October 15, 2012, and on the 22th of the same month, the aforementioned appropriate notification conditions.

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