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(영문) 대전지방법원 2012.12.12 2012구합3042
도시관리계획결정 입안제안신청 반려처분취소
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 January 9, 2012, the Plaintiff was a company established to run the entrusted wastewater treatment business, wastewater reuse business, etc., and filed an application for a building permit for the treatment of excreta and waste disposal facilities (waste disposal facilities) with the Defendant on January 26, 2012 in order to construct the wastewater treatment facilities for the joint treatment of sewage and wastewater generated in the city and nationwide, in the sum of 397-6, 397-7, 5,198 square meters (hereinafter “the instant planned area for the business”). On January 26, 2012, the Defendant requested that the waste disposal facilities be subject to the determination of the urban management planning under Article 43 of the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”), so the Defendant obtained the approval of the implementation plan and submitted the result, etc.

B. On March 15, 2012, pursuant to Article 26 of the National Land Planning Act, the Plaintiff filed an application for the draft of an urban management planning facility to newly establish water pollution prevention facilities ( wastewater treatment facilities and wastewater treatment facilities of this case; hereinafter “instant wastewater treatment facilities”). On March 20, 2012, the Defendant demanded the Plaintiff to supplement the written landscape review, the preliminary examination report on factors influencing disasters, and the discharge outlet discharge system, etc.

C. On May 15, 2012, the Plaintiff newly prepared and submitted a business plan regarding the installation and operation of wastewater treatment facilities to the Defendant, reflecting the aforementioned complementary demands.

On June 1, 2012, the Defendant notified the Plaintiff that the Plaintiff would return the Plaintiff’s proposal for formulating an urban management planning facility determination on the following grounds:

(hereinafter “instant disposition”). A.

It is planned to cause harm to the health and sanitation of residents due to environmental pollution ( Malodor and water pollution) caused by the installation of entrusted wastewater treatment facilities, and to ensure that the vehicle transporting wastewater passes through the urban area (e.g., the area via the urban area (e., the Do 32 and the 6333) and the urban facilities decision structure and installation standards are below the rules.

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