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(영문) 의정부지방법원 2014.07.22 2013구합16192
도시계획시설결정입안제안거부처분취소의 소
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff, upon receiving the approval of a basin basin basin basin basin basin environmental management plan and the decision of the Sincheon-gun management plan, has installed one unit (0.645 tons per hour) of incineration facilities, which are waste disposal facilities, at the 391 Paris 391 Won (hereinafter “instant workplace”) in the Gyeonggi-do, Jeoncheon-gun, Seoul Special Metropolitan City (hereinafter “instant workplace”) and two units (1 ton per hour: 1 ton per hour) of incineration facilities, and has operated an interim disposal business of medical wastes (39.48 tons per day disposal capacity).

B. In November 10, 201, the Plaintiff made a proposal for the formulation of an annual management plan, which had the Defendant alter the cooling method of the air cooling method of the incineration facility 1 by the boiler method from the temperature tower to 0.645 tons per hour to 0.83 tons of incineration capacity from the hour, on the condition that “it is impossible to modify the military management plan following an additional boiler capacity extension,” as prescribed by Article 201-71-71 of the annual notification of the Macheon-gun on September 23, 2011, the Defendant determined and announced the annual management plan of the 1st unit of the incineration facility in the instant place of business on the condition that “from 0.645 tons to 0.83 tons of the incineration capacity of the incineration facility in the instant place of business,” with the content of changing the incineration capacity from 0.645 tons to 0.83 tons per hour.

(hereinafter “instant management plan”). Accordingly, the daily incineration capacity in the instant workplace was changed to 43.92 tons.

C. 1) On May 6, 2013, the Plaintiff proposed a draft plan on the annual military management plan, which had the Defendant establish three units of incineration facilities (1.2 tons per hour) (hereinafter “instant proposal”). On June 4, 2013, the Plaintiff, on the ground that the Plaintiff’s draft plan on the instant management plan, violated the terms and conditions of “non-extension of a boiler boiler capacity” as stipulated in the instant management plan, for the planned management of waste disposal statement and active disposal of medical waste recently increased. The Plaintiff extended the area of the instant business site to 6,197 square meters, increased the incineration capacity of two units of incineration facilities to 1.5 tons per hour.

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