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(영문) 광주고등법원 2017.09.14 2016누4101
도시관리계획추진거부처분취소
Text

1. Revocation of a judgment of the first instance;

2. The Defendant limited to the Plaintiff on December 10, 2014.

Reasons

1. Details of the disposition;

A. Submission of waste disposal facilities business plan and conditional notification 1) The Plaintiff is a corporation whose business purpose is melting the melting machine production business, etc., as a corporation, which is called KR on July 8, 2010 (hereinafter “K”).

(2) On September 3, 2010, the Defendant submitted a waste disposal facility business plan to operate the intermediate waste disposal business. On September 3, 2010, the Defendant issued a conditional notification to the Plaintiff on the ground that the Plaintiff failed to secure access roads, concerns over residents’ opposition and environmental pollution, and the application for two places of business at the same place as the place of business approved by the industrial ampers as the manufacturing business. (2) On April 28, 2011, the Plaintiff again submitted a new waste disposal facility business plan (hereinafter “instant business”). On May 26, 2011, the Defendant issued a conditional notification to the Plaintiff that he/she shall file an application for interim waste disposal business within three years with the following reasonable notification conditions.

Name of business: State)A (representative: C

(b) Location: B (hereinafter referred to as “the place of application of this case”);

(c) Type of business: Interim waste disposal business;

(d) Wastes subject to business: Industrial wastes;

(e) Business area: nationwide;

(7) He/she shall obtain a building permit for determination of urban planning facilities and hearing residents' opinions on the installation of facilities under the National Land Planning and Utilization Act.

(a) Name of the business place: State)A (representative C;

(b) Location: B, D;

(c) Type of business: Interim waste disposal business;

(d) Wastes subject to business: Industrial wastes;

(e) Business area: nationwide;

(7) A reasonable notification condition (1) To obtain a building permit for determining urban planning facilities and hearing residents’ opinions on the installation of facilities under the National Land Planning Act.

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