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(영문) 전주지방법원 2018.05.17 2017구합2254
건축신고 불허가처분 취소
Text

1. The Defendant’s disposition of non-permission to report construction to the Plaintiff on September 7, 2017 is revoked.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Details of the disposition;

A. The Plaintiff is a company established on May 17, 2016 for the purpose of producing fluoral soil by using wastes such as sludge and sludge as drinking.

B. On September 26, 2016, the Plaintiff purchased each of the instant land B, C, D, and E, and filed an application for a construction report with a view to newly constructing four buildings related to resources circulation facilities of the building area of 672.5 square meters on the ground of the said land (hereinafter “instant application site”).

C. Around October 2016, the Defendant Urban Planning Deliberation Committee rejected the deliberation on the grounds that the issue of malodor, soil contamination, water pollution, etc. caused by waste recycling facilities are likely to have a serious adverse impact on the environment, and that the overall road maintenance standards are necessary to ensure the smooth passage of vehicles, such as agricultural machinery and equipment, and notified the Plaintiff thereof. The Plaintiff voluntarily withdrawn an application for the building report on November 28, 2016.

On July 13, 2017, the Plaintiff submitted a proposal for deliberation on permission for development activities including the content that he/she would install a malodor reduction facility with a written consent from the owner of land adjacent to the instant application site from the owner of the access road around the instant application site. On August 8, 2017, the Plaintiff filed an application for a construction report on the same content as the instant B (hereinafter referred to as “instant application”).

E. On August 25, 2017, the Defendant rendered a disposition rejecting the instant application for the following grounds to the Plaintiff on September 7, 2017, following deliberation by the Defendant Urban Planning Committee (hereinafter “instant disposition”).

As a result of the deliberation of the City/Do Planning Committee under Article 59 of the National Land Planning and Utilization Act and Article 57 of the Enforcement Decree of the same Act, it is rejected as follows: - The malodor problems in the relevant area and surrounding areas arising from waste recycling facilities, such as sewage treatment sludge, wastewater treatment sludge, livestock excreta treatment sludge, etc., and the soil and water pollution are likely to have a serious adverse impact on the clean environment, such as soil and water pollution.

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