logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2019.01.10 2017구합55484
골재선별,파쇄 신고수리 거부처분 취소의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On November 30, 2017, the Plaintiff filed a report on the selection and crushing of aggregate (hereinafter “instant report”) with the Defendant as follows.

- Place: Seo-gu Incheon Metropolitan City Land (hereinafter “instant land”) - Installation area: 15,00 square meters - Installation facilities: sorting machines, crushers, etc. (hereinafter “instant facilities”) - Production volume: 735 cubic meters per day: 735 cubic meters of production volume and 177,870 cubic meters of annual production volume.

B. On December 19, 2017, the Defendant rendered a disposition rejecting the instant report on the following grounds to the Plaintiff (hereinafter “instant disposition”).

- In order for the instant facilities to be installed in the manufacturing facility of Class II neighborhood living facilities in accordance with Article 3-5 [Attachment Table 1] of the Enforcement Decree of the Building Act, which are located in the natural green area, they shall meet the requirements such as the total floor area of less than 500 square meters pursuant to Article 76(1) of the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”) and the main sentence of Article 83(4) [Attachment Table 17] of the Enforcement Decree of the National Land Planning and Utilization Act (hereinafter “Enforcement Decree of the National Land Planning and Utilization Act”), and the installation of emission facilities under the Clean Air Conservation Act, the Water Quality and Aquatic Ecosystem Conservation Act, and the Noise and Vibration Control Act, etc. In addition, the instant facilities fall under those subject to reporting on installation of emission facilities under Article 23 of the Clean Air Conservation Act, Article 33 of the Water Quality and Aquatic Ecosystem Conservation Act, and Article 8 of the Noise and Vibration Control Act, and thus do not meet the above requirements. The instant facilities can be installed without permission for development activities.

2. Whether the disposition is lawful;

A. Article 71(1)16 of the Enforcement Decree of the National Land Planning and Utilization Act of the Plaintiff’s assertion is within the natural green area.

arrow