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(영문) 청주지방법원 2019.01.17 2018구합3559
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 June 25, 2010, the Do Governor of Chungcheongbuk-do designated the project implementer as C, as a E industrial complex, the Do Governor designated the 1,309,815 square meters of the Driwon-gun, Chungcheongnam-do, Chungcheongnam-do. The said E industrial complex plan included the content that he/she installs waste disposal facilities (reclaimed facilities) with respect to the area of 38,216 square meters on the north side of the said industrial complex, and Nonparty F Co., Ltd. (hereinafter “F”) concluded an occupancy contract with the Defendant on November 25, 2013, with the content that he/she will move in to the waste disposal business in accordance with the aforementioned industrial complex plan (hereinafter “instant application site”).

B. On September 26, 2014, the Governor of Chungcheongbuk-do approved a plan to change an industrial complex into 1,302,234 square meters (hereinafter referred to as “instant industrial complex”) and publicly notified the plan to change the area of the instant industrial complex to H, on October 2, 2014, after approving the plan to change the area of the said industrial complex into 1,302,234 square meters (hereinafter referred to as “the instant industrial complex plan”).

If a consultation department's opinion on a plan for consultation and a plan for balanced development of Chungcheongbuk-do and approval (a modification) of an industrial complex plan is deemed to be a determination (a modification) of an urban management plan. Thus, a written decision (including a park creation plan), decision (including a scale, 1/5,000 or more drawings), decision (including a scale, 1/200 or more drawings) and a topographic map (1/1,200 or more) indicating cadastral records, and a public notice of approval (excluding a topographical map) of a wind industrial complex to submit the result to Korea (the prior notice of registration data of KLIS) and the Jincheon-gun Urban Planning Department (KLIS), and the public notice of the topographical map and the result will be registered with KLIS in accordance with the relevant procedure, and the result will be removed.

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