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(영문) 대구지방법원 2015.12.15 2015구합21164
사업계획승인신청반려처분취소
Text

1. On December 26, 2014, the Defendant’s disposition to return the application for the approval of a project plan against the Plaintiff is revoked.

2...

Reasons

1. Details of the disposition;

A. On July 23, 2014, the Plaintiff filed an application for approval of a project plan (hereinafter “instant application”) with the aim of building a factory site (facilities for manufacturing ready-mixed) on a 4,715 square meters (hereinafter “instant application site”) among 604-8,228 square meters in the high-Myeon, Gocheon-si, Seocheon-do, Seocheon-do (Seoul Special Metropolitan City) (hereinafter “instant application”).

B. After going through the Working Comprehensive Deliberative Council related to the instant application, the Defendant requested the Plaintiff to supplement the following contents (hereinafter “the first request for supplement”) on September 4, 2014.

(1) Submission of deliberation documents by the Urban Planning Committee 2) The 3 business plan submission of a bank packing plan to meet the facility standards for entry of heavy vehicles because the entry vehicle does not meet the facility standards for the use of the bank road, and the detailed review of aggregate storage is not possible due to the absence of the open-air storage of aggregate in the 3 business plan.

C. On October 6, 2014, the Plaintiff submitted the deliberation data of the Urban Planning Committee to the Defendant at the first request for supplementation. The details of the deliberation data development activities and other column include “three-lanes of a high village river (4m) by repackaginging them again, setting up three-lanes, and using them as access roads,” and the aggregate open site is marked in the construction plan plan plans attached thereto, and the access road construction plan plan plans are also attached.

On September 25, 2014, the Defendant sent a public notice to the Busan Regional Land Management Office and the Permanent Highway Co., Ltd. on the issue of whether the access road area pursuant to the instant application conflicts with the area included in the road zone pursuant to the Private Investment Project under the Young River Act. On this issue, the Busan National Land Management Office sent the following answers to the Defendant on October 7, 2014, and on October 10, 201.

It is determined that the consultation area on the access road to the application of this case does not conflict with the resident-Yancheon Expressway area, but up to the time of completion of the work on the basis of the shift of short intersection (the end of 2014).

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