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(영문) 광주고등법원 (전주) 2018.09.10 2018누1010
폐기물처리사업계획서부적정통보처분취소 청구의 소
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. The reasoning for the court’s explanation on this part is that “Nos. 5 and 6” of No. 3, No. 14 is dismissed as “No. 1, 5, 7, and 15,” and the judgment of the court of first instance is identical to that of the judgment of the court of first instance except that of the second instance, No. 7, and 18, as follows. Thus, the court of first instance shall refer to the judgment in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

B. On October 20, 2005, the Plaintiff is against J, C land 28,444 square meters, and K Co., Ltd. (hereinafter “K”).

() On December 7, 2007, a construction waste interim disposal facility has been installed and operated with a construction waste interim disposal facility after obtaining a construction waste interim disposal business license from the Defendant respectively. Upon the Plaintiff’s request for the expansion of the site for construction waste interim disposal facilities, the Defendant is entitled to make a conditional resolution by the Urban Planning Committee on November 23, 2010 on January 17, 201, the area of the urban planning facility was originally 37,896 square meters (=28,444 square meters) from the initial 109,19 square meters (hereinafter “instant site for urban planning facility”).

The urban management plan to be modified (urban planning facility: modified and publicly notified as waste disposal facility).

C. On November 7, 2016, the Plaintiff collected waste synthetic resin, waste synthetic rubber, waste fiber products, waste wood products, waste paper paper products, and waste vinyl products on the ground of some of the instant site and conducted a comprehensive waste recycling business (hereinafter “instant business”) producing solid fuel (hereinafter “instant facilities”) using solid fuel production facilities through the process of crushing, screening, etc. (hereinafter “instant facilities”), pursuant to Article 25(1) of the Wastes Control Act and Article 28(1) and (3) of the former Enforcement Rule of the Wastes Control Act (amended by Ordinance of Ministry of Environment No. 757, May 17, 2018; hereinafter “Enforcement Rule of the Wastes Control Act”).

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