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(영문) 제주지방법원 2019.01.16 2018구합5554
건설폐기물 중간처리업 허가신청기간 연장 거부처분 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 March 17, 2016, the Plaintiff: (a) planned to operate an interim construction waste disposal business (hereinafter “instant construction waste disposal business”); (b) planned to operate a construction waste interim disposal business (hereinafter “instant construction waste disposal business”); and (c) submitted a construction waste disposal business plan pursuant to Article 21(1) of the Construction Waste Recycling Promotion Act (hereinafter “Construction Waste Act”) to the Defendant on the part of Seopopo-si B and C (a total of 15,577 square meters) for interim disposal of construction waste, such as waste concrete, waste asphalt, waste brick, waste brick, mixed construction waste, etc. (hereinafter “instant facilities”); and (d) the Defendant submitted the construction waste disposal business plan pursuant to the same year.

4. 15. A notice of conformity to the above project plan (hereinafter “instant notice of conformity”) was given.

B. On June 13, 2017, the Plaintiff filed an application with the Defendant for permission to engage in development activities for the creation of a construction waste site site B on the said land. The Defendant demanded the Plaintiff to confirm the fact that the said land was included in the instant project site and to supplement the Plaintiff to apply for permission to engage in development activities appropriate for the instant

On June 26, 2017, the Plaintiff filed an application with the Defendant for permission to engage in development activities to create a site in a construction waste disposal business site with respect to 9,974 square meters of the said land B, C and D (a total of 19,640 square meters) (hereinafter “instant site”). On July 5, 2017, the Defendant filed a permission to engage in development activities with the project period up to September 30, 2017.

On October 10, 2017, the Plaintiff filed an application for permission to change the project period as of May 30, 2018, and the Defendant revised the same content on October 17, 2017.

C. Meanwhile, the Plaintiff carried out construction of the instant facilities installed outdoor for the instant project, and the Defendant additionally added to the instant site that received permission for development acts (such as changing the form and quality) from the Plaintiff on November 7, 2017.

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