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(영문) 의정부지방법원 2014.10.21 2013구합16802
공장신설 승인신청 반려처분 취소
Text

1. The Defendant’s disposition to return the application for approval of the establishment of a new factory against the Plaintiff on November 1, 2013 is revoked.

2. The costs of lawsuit;

Reasons

1. Details of the disposition;

A. The area of 1,835 square meters prior to Gyeonggi-gun B, C B, 2,318 square meters prior to D, and 1,134 square meters prior to D (hereinafter “instant application site”) is both farmland designated as a planned control area under the National Land Planning and Utilization Act.

B. On February 25, 2012, the Plaintiff filed an application with the Defendant for approval to establish a factory containing permission to divert farmland and permission to engage in development activities, etc. pursuant to Articles 13(3) and (1) and 13-2 of the Industrial Cluster Development and Factory Establishment Act (hereinafter “Industrial Cluster Act”) in order to establish a factory for the production of manufacturing facilities of 91.56 square meters and ancillary facilities of 148.80 square meters (hereinafter “responding concrete”).

(The plaintiff's ready-mixed factory is less than 50 square meters and is not subject to the approval of establishment under Article 13 (1) of the Industrial Cluster Act, but in this case, an application for approval of establishment of a factory may be filed pursuant to Article 13 (3) of the Industrial Cluster Act in order to obtain the legal fiction of authorization, permission, etc. under Article 13-2 of the same Act).

The Defendant, on April 1, 2013, jointly signed by approximately 100 nearby residents, including the Intervenor joining the Defendant (hereinafter “the Intervenor”), and submitted a civil petition that “if a ready-mixed factory is established in the instant application site, groundwater will be dried by using large quantities of groundwater, and soil and river will be contaminated by pollutants, such as wastewater, and thus, soil and river will be polluted by pollutants,” and submitted a supplementary report to the Plaintiff on the same day, “(i) submit a detailed plan for the development and utilization of groundwater, (ii) submit a plan for the development and utilization of groundwater, and (iii) submit a civil petition through a public hearing and a project explanation meeting, and if each of the above documents is not submitted by May 2, 2013, it shall be subject to Article 15 of the Civil Petitions Treatment Act (hereinafter “Civil Petitions Treatment Act”).

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