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(영문) 대전지방법원 2017.03.08 2015구합105642
도시계획관리계획결정 입안제안 수용 불가처분 취소
Text

1. On September 10, 2015, the Defendant’s non-acceptance disposition against the Plaintiff on an urban management planning proposal shall be revoked.

Reasons

Details of the disposition

On January 9, 2012, the Plaintiff filed an application for a building permit with the Defendant for a permit for the construction of wastewater treatment facilities (waste treatment facilities) for the purpose of the entrusted wastewater treatment business, wastewater reuse business, etc., and for the construction of wastewater treatment facilities (waste treatment facilities) generated throughout the country in the area of 397-6, 397-7, an aggregate of 5,198 square meters in the Guil-si Seoul Special Metropolitan City (hereinafter “the area scheduled for the instant business”).

Accordingly, on January 26, 2012, the Defendant demanded the Plaintiff to supplement the Plaintiff’s waste disposal facilities, subject to the determination of an urban management plan under Article 43 of the former National Land Planning and Utilization Act (amended by Act No. 11579, Dec. 18, 2012; hereinafter “former National Land Planning Act”), to obtain the determination of an urban management plan and submit the result after obtaining the authorization of an implementation plan.

On March 15, 2012, under Article 26 of the former National Land Planning Act, the Plaintiff filed an application for formulating an urban management plan to newly establish water pollution prevention facilities (the wastewater treatment facilities of this case; hereinafter “instant wastewater treatment facilities”) in the project site of this case.

On March 20, 2012, the defendant demanded the plaintiff to supplement the landscape review report, the prior review report on factors influencing disasters, the degree of discharge water discharge system, etc.

On May 15, 2012, the Plaintiff newly prepared and submitted a business plan concerning 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 application for drafting an urban management planning decision on the following grounds:

(hereinafter referred to as "previous rejection disposition" and, when individually referring to the grounds for each disposition, hereinafter referred to as "previous reasons for the disposition"). (1) The establishment of wastewater treatment facilities is subject to the order of priority.

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