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(영문) 대구지방법원 2018.11.22 2018구합21899
폐기물처리시설 입지 선정 처분의 무효 확인
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Details of the disposition;

A. On December 23, 199, the Defendant publicly announced the result of the location selection of the waste modernization disposal site (hereinafter “the instant waste disposal facility”) as follows (hereinafter “instant disposition”).

The name of the business: The size of the area of the D-day site for the construction of the C-city waste modernization disposal facility: The area of the D-day disposal facility and the agency responsible for the disposal of wastes: The area of the C-si disposal facility and the main facilities of the C-si disposal facility: The area of the C-si disposal facility, the waste disposal facility, the facilities excluding the excellent, the detailed, detailed, detailed, the

B. The plaintiffs are married couple and live in E, and the plaintiff A owns from December 1, 1976 F orchard 6,294 square meters, and from December 1997, G orchard 1,854 square meters.

The distance between the plaintiffs' residential place and each of the above orchard and the waste disposal facilities of this case is about 500 meters.

C. Since the instant disposition, the Defendant installed and operated the instant waste disposal facility in a single site, and is currently running one-stage business (85,200 square meters of created area) among the entire three-stage business (145,795 square meters of created area).

The statutes related to the disposition of this case shall be as specified in the attached Form.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap 1 through 3, and 6 evidence (including branch numbers, if any; hereinafter the same shall apply), the purport of the whole pleadings

2. Whether the instant disposition is null and void

A. In installing the instant waste disposal facilities, the Defendant asserted by the Plaintiffs pursuant to the former Act on Promotion of Installation of Waste Disposal Facilities and Assistance, etc. to their Environs (amended by Act No. 7169 of Feb. 9, 2004; hereinafter “former Waste Facilities Promotion Act”), the former Enforcement Decree of the Waste Facilities Promotion Act (amended by Presidential Decree No. 18514 of Aug. 10, 2004; hereinafter “former Enforcement Decree of the Waste Facilities Promotion Act”), the determination and public notice of location selection plans, the establishment of a location selection committee in which the representative of residents participate, the determination and public notice of affected adjacent areas, the organization of the residents support consultative body

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