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(영문) 서울중앙지방법원 2018.10.31 2018나23437

부당이득금

Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Plaintiff is a person who has run a motor vehicle management business (dissatising and recycling business) under the trade name of “C”.

The defendant, as a person established under Article 78 of the Clean Air Conservation Act, shall perform duties, such as distribution of exhaust gas reduction devices, support for business reducing exhaust gas from motor vehicles, and follow-up management.

B. Relevant provisions concerning exhaust gas reduction devices under the Special Act on the Clean Air Conservation and Air Quality Improvement of the Seoul Metropolitan Area are as follows:

(1) The Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun may, if deemed necessary for the improvement of air quality or the reduction of emissions of climate/ecosystem-changing substances in his/her jurisdictional area, order the owners of motor vehicles meeting the requirements prescribed by Ordinance of the Ministry of Environment with respect to the age limits, air pollutants, or the degree of emissions of climate/ecosystem-changing substances among the motor vehicles operated in the relevant area to take any of the following measures or recommend early

2. The owner of an automobile, the exhaust gas reduction device of which has been installed or replaced, or the replacement of exhaust gas-related parts.

(3) The State and local governments shall promote any of the following persons to supply low-pollution automobiles, install or replace exhaust gas reduction devices, and remodel into or replace with low-pollution engines: