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(영문) 광주지방법원 2015.05.21 2013구합1430
거부처분 취소
Text

1. All of the instant lawsuits are dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff’s status is an organization consisting of residents residing in Bosung-gun B, and Bosung-gun B has a Bosung-gun waste disposal facility. On July 31, 2007, the area where the Plaintiff’s members reside was determined and publicly announced by the Defendant as an area surrounding the area where the construction and operation of the waste disposal facility is affected environmentally due to the installation and operation of the waste disposal facility and its neighboring facilities in accordance with Article 17 of the Act on the Promotion of Installation of Waste Disposal Facilities and Assistance, etc. to Their Environs-gun Rural Waste Treatment Facilities (hereinafter referred to as

B. Since the Plaintiff filed the instant lawsuit on May 15, 2013, the Plaintiff has modified the purport of the instant lawsuit as indicated below.

The decision of refusal against the defendant's refusal of a claim based on the plaintiff's claim (the priority of the support project is a resolution by the village council) is an illegal disposition that the defendant abused its discretionary power, and thus the plaintiff's claim for the project decided by the plaintiff's residents is revoked.

(Grounds for Claim: (The plaintiff applied to the defendant for a resident support project for the affected neighboring areas of waste treatment facilities in 2013 pursuant to Articles 21 and 22 of the Waste Facility Promotion Act and Article 8 of the Ordinance on Assistance, etc. to Their Environs, etc.; and (b) the defendant rejected part of the claim) on June 19, 2013; (c) the refusal disposition that the defendant rejected the plaintiff's claim (the priority of the support project is decided by the village council as a resolution) is an illegal disposition that abused the discretion; and (d) the plaintiff's decision is revoked; and (e) the plaintiff's decision (the first priority shall be applied to the extent of the second priority) shall be accepted.

Claim(s) No. 16 of January 16, 2014

1. At the time of filing an application for a resident support program from 2010 to 2012, 50 million won.

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