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(영문) 광주지방법원 2017.06.01 2016구합10206
건축허가처분취소
Text

1. All of the instant lawsuits are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

On October 19, 2016, the Plaintiff in the Gu office was working.

Reasons

1. Basic facts

A. Status 1) B Co., Ltd. (hereinafter “B”)

(2) The Plaintiff (Appointed Party; hereinafter “Plaintiff”) and the designated parties are residents living in the vicinity of 11,185 square meters of land out of 3 lots, including 11,185 square meters of land (hereinafter “the instant application site”) and 11,185 square meters of land (hereinafter “the instant application site”).

(No. 24) On the other hand, the parcel number and size of the instant application site were changed as follows due to the division of land on May 1, 2014.

(No. 19) No. 19. No. 11,185 D 3,314 E with a lot number of 4,375 Ma3,314 E with a lot number of 200 Ma3,061 E with a division of KRW 1,052 G 4,052 G No. 985 I with no change in H 985 J 1,773 J 1,773 No. 11,185

B. On October 28, 2013, B filed an application with the Defendant for permission for development of the instant land for the purpose of changing the form and quality for creating a waste recycling site. The Defendant, on January 23, 2014, applied for permission for development of the instant land from January 2014 to September 30, 2014 (hereinafter “instant permission for development”).

(B) On August 29, 2014, B filed an application for approval for the establishment of a factory and for alteration of development activities for the extension of the period of permission for development activities in order to establish an existing manufacturing factory on the remaining 6,669 square meters of a 11,185 square meters of the site for the instant application.

3 On October 7, 2014, the Defendant notified the Plaintiff of the disapproval of factory establishment on the following grounds:

Under Articles 10 and 35 (1) of the Constitution of the Republic of Korea, residents shall be in the process of environmental impact assessment, etc. by providing sufficient information on projects subject to environmental impact assessment, etc. under Article 4 of the Framework Act on Environmental Policy.

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