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(영문) 수원지방법원 2016.06.14 2016구합60493
골재 선별ㆍ파쇄 신고 반려처분 취소
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 August 25, 1972, a factory building was located on the ground before the land was designated as a development restriction zone on the land of 477-10 m21,901 m2 (hereinafter “instant land”).

In around 1984, the Plaintiff had a business of manufacturing sand by installing one factory building (E-Dong) and concrete Hopper, consortium, washing line crushing and crushing equipment while acquiring the above factory building and operating it as a asphalt and ready-mixed factory from around 1986.

B. On September 2015, the Plaintiff: (a) carried in stone rocks generated at the second-class road construction site, the construction site of Ansan-si, etc., and the installation of a plan for screening and crushing them; and (b) filed a report on screening and crushing of aggregate with the Defendant pursuant to Article 32(1) of the Aggregate Extraction Act and Article 17 of the Enforcement Rule, pursuant to Article 32(1) of the Aggregate Extraction Act and Article 17 of the Enforcement Rule.

(hereinafter referred to as “instant report”). The place where a structure is installed: The type of facility installed with 19,896 square meters of land in the instant case: The 1,350 cubic meters of view and production period: From October 2015 to September 2018, 2018

C. On November 9, 2015, Article 12 of the Act on Designation and Management of Development Restriction Zones (hereinafter “Development Restriction Zones Act”) and Article 13 of the Enforcement Decree of the Development Restriction Zones Act do not fall under buildings or structures that can be allowed within development restriction zones, and ② The report of screening, washing, etc. of aggregate should be filed after obtaining authorization and permission under other Acts and subordinate statutes if it is necessary to grant authorization and permission under other Acts and subordinate statutes. The Defendant rejected the report of this case on the ground that it is “the instant report.”

(hereinafter referred to as the "Disposition of this case". 【Ground for Recognition of this case's Disposition of this case's Disposition of this case's Disposition of this case's absence of dispute, Gap's 1 to 3 evidence

2. The instant disposition is made.

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