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(영문) 광주지방법원 2017.07.06 2016구합11261
창업사업계획 불승인처분 취소
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 March 22, 2012, the Plaintiff is a legal entity established for the purpose of producing and selling ready-mixeds with its head office located in the Daung-gun, Jeonnam-gun.

[On September 4, 2014, the seat of the head office was transferred to Sejong Special Self-Governing City C, 1802-E]

B. On March 20, 2013, the Plaintiff acquired the ownership of D, E, F, G, H, I, J, and K (hereinafter “instant site”). On January 12, 2016, the Plaintiff applied for approval of a plan for the establishment of a small and medium enterprise for the construction of a factory for ready-mixed manufacturing business (hereinafter “instant factory”).

C. On April 8, 2016, the Defendant issued an application to the Plaintiff on April 1, 2016: ① concerns over damage to neighboring village residents and farmland due to dust and noise at the time of factory operation (hereinafter “reasons for Disposition 1”); ② concerns over the amount of groundwater reserves and water pollution due to the use of groundwater for industrial use (hereinafter “reasons for Disposition 2”); ③ Small Environmental Impact Assessment (hereinafter “Grounds for Disposition 3”); ④ With respect to the filing of an appeal by the Office of Education (hereinafter “Grounds for Disposition 4”); ⑤ Traffic accident risk at the time of factory entry into an area adjacent to national highways (hereinafter “Grounds for Disposition 5”); ⑤ concerns over the pollution of Ma (Local Rivers) due to stone outflow (hereinafter “Grounds for Disposition 6”); 7 (hereinafter “Grounds for Disposition 7”); and 8 (hereinafter “Grounds for Disposition”) with respect to the application for Disposition 9 (hereinafter “instant application”) with respect to the application of the instant case (hereinafter “Grounds for Approval”).

[Ground of Recognition] Unsatisfy, Gap evidence Nos. 1 through 13, Eul evidence Nos. 1 and 2 (including additional number), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff.

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