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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of the instant disposition
A. The Plaintiff completed the registration of incorporation on November 27, 2013.
B. On July 23, 2014, the Plaintiff filed an application for approval of a business plan for the manufacturing business of ready-mixed with a view to constructing a manufacturing factory of ready-mixed (hereinafter “instant factory”) by creating a site on the 4,715 square meters of 604-8 square meters of high-level Myeon-ri, Gocheon-si, Seocheon-si, Gyeongcheon-do, 222,228 square meters.
C. On September 4, 2014, the Defendant requested the Plaintiff to submit a deliberation document of the Urban Planning Committee, a package design of a bank road allowing entry of a vehicle among the banks, a package design of aggregate reservation site drawings, etc., and the Plaintiff implemented this.
On November 18, 2014, the Defendant requested the Plaintiff to supplement the second demand to resolve the problems caused by the operation of large vehicles, to establish a road plan capable of driving vehicles, and to submit an assessment report by an institution specialized in environmental impact, and the Plaintiff failed to implement some of the matters concerning the width, etc. of access roads, and the Defendant rejected the Plaintiff’s application for approval of the project plan on December 26, 2014.
(hereinafter referred to as "disposition on rejection of an application for approval for business plan").
Accordingly, the Plaintiff filed an administrative litigation against the Defendant seeking revocation of the return of the application for approval of a project plan and received a favorable judgment at the first instance court and the appellate court (Seoul District Court Decision 2015Guhap21164 decided December 15, 2015, Daegu High Court Decision 2016Nu4035 decided June 10, 2016), and the above appellate court ruling became final and conclusive on June 28, 2016.
F. On June 27, 2016, the Plaintiff applied for approval of a business plan for the ready-mixed manufacturing business again and obtained approval from the Defendant on October 10, 2016.
G. Around December 2, 2016, the Plaintiff filed an application for a construction permit for the instant factory. Around February 2017, the Plaintiff supplemented the environmental impact assessment, etc., and received the construction permit on April 13, 2017.
H. Meanwhile, on the other hand, the Plaintiff, after consultation with neighboring residents, was in need of a factory on December 2016.