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(영문) 수원지방법원 2017.07.05 2016구합1814
건축신고반려처분취소
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. (1) The Plaintiff’s relocation promotion of the Plaintiff’s place of business is to obtain a construction waste interim disposal business license on June 9, 1998, and to land B and 4 (hereinafter “instant Cdong business”).

2) As construction waste interim disposal business, civil engineering, construction construction business, etc. were developed in the vicinity of the instant Cdong workplace as factory site, a civil petition was filed due to noise, vibration, dust, etc. generated in the said workplace.

Accordingly, the Plaintiff was promoting the relocation of the place of business to D and one parcel outside of the city natural green area in Gyeyang-si (hereinafter “instant E-dong site”).

3) On October 25, 2011, the Plaintiff filed a civil petition with the Defendant around the instant Edong site due to the filing of a civil petition with the instant Edong site, and submitted a written statement to the effect that “I will move the instant Edong site to the instant Edong site.” (B) The Defendant’s permission to change the Defendant’s place of business. On November 22, 2011, the Defendant: (a) notified the Plaintiff on November 22, 201, that “I will take prior measures in accordance with the relevant laws as I would like to give an opinion on the transfer of the Plaintiff’s site; (b) I would have to obtain a permit to move the instant Edong site on condition that I would have narrow road width (5.5m) to the point of view that it would be difficult for the Plaintiff to go through the entry of the instant Edong site; and (c) filed a report to the construction department (Gu Office Urban Management and Urban Planning Act), such as a temporary building, structure, etc.; and (d) before filing a report on the installation report under Article 333 of the Water Quality Conservation Act.

2. On February 8, 2012, the Plaintiff completed the registration of ownership transfer on the instant E-dong site, and the Defendant rendered the registration to the Plaintiff on March 21, 2012.

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