logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 2015.06.10 2014구합2079
폐기물처리사업계획 적정통보의 실효통보처분 취소청구
Text

1. On December 30, 2013, the Defendant’s disposition of notifying the Plaintiff of the invalidation of the appropriate notification of the waste treatment business plan is revoked.

Reasons

Details of the disposition

The Plaintiff’s final waste disposal business plan and the Defendant’s appropriate notification Plaintiff decided to conduct the final waste disposal business of the instant business site on four lots outside 109,000 square meters of Yasan-si, Yasan-si, Yasan-si, and four lots outside 106,170 square meters (hereinafter “instant project site”). On March 2, 2007, the Defendant submitted a business plan for the installation and operation of waste disposal facilities (hereinafter “instant business plan”). On July 12, 2007, the Defendant made an improper notification to the Plaintiff on the instant business plan on the grounds that the instant project site and the occurrence of improper damage to residents, etc.

On August 2, 2007, the Plaintiff filed an action against the Defendant for cancellation of the improper notification disposition of the waste treatment business plan as this court 2007Guhap1757, and on January 17, 2008, the above court rendered a judgment that revoked the above improper notification disposition and accepted the Plaintiff’s claim on July 25, 2008, on the ground that all of the grounds for the above improper notification disposition are unreasonable, and thus, the Defendant’s appeal was dismissed on July 25, 2008 (Seoul High Court 2008Nu524).

On October 2, 2008, the Defendant issued a proper notification to the instant business plan (hereinafter “the instant appropriate notification”) to the Plaintiff on October 2, 2008 under the condition that “the Plaintiff shall carry out the procedures for authorization and permission (such as the report on installation of wastewater discharge facilities under the Water Quality Conservation Act, the determination of urban planning facilities under Article 43 of the National Land Planning and Utilization Act) and apply for permission for waste disposal business.”

On February 2, 2009, the Plaintiff filed an application for the formulation of a decision on urban management planning facilities (waste disposal facilities) with the Defendant on February 2, 2009, prior to the amendment by Act No. 10599, Apr. 14, 201; hereinafter “National Land Utilization Act”).

arrow