폐기물처리명령취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On May 27, 2015, the Plaintiff obtained a construction waste interim license from the Defendant (hereinafter “instant license”).
B. On June 19, 2018, the Defendant issued an order to dispose of the Plaintiff’s wastes located in the Plaintiff’s place of business from June 2018 to July 19, 2018 (hereinafter “instant disposition”) to revoke the instant permission in violation of Article 25(1)1 of the Construction Waste Recycling Promotion Act (hereinafter “Construction Waste Promotion Act”).
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 3, the purport of the whole pleadings
2. The plaintiff's assertion
A. There is no ground for the instant disposition.
B. The instant disposition deviates from and abused discretionary authority.
3. Attached statements to the relevant Acts and subordinate statutes;
4. Determination
A. Facts of recognition 1) B, practically operated the Plaintiff, is deemed to be a Co., Ltd. (hereinafter “Nonindicted Company”) around March 2015.
(i)the first type of construction waste disposal machinery in the aggregate amounting to KRW 295,300,000, total market value of which is owned, the machinery and facilities of this case are “the machinery and facilities of this case”.
(1) The judgment of conviction was rendered on the charge of the theft of the Plaintiff’s actual fishing as the Plaintiff’s site using 100 metric tons, and the judgment became final and conclusive on March 9, 2018 (Supreme Court Decision 2016No408 Decided August 31, 2017; Supreme Court Decision 2017No3321 Decided November 14, 2017; Supreme Court Decision 2017Do19855 Decided March 9, 2018).
B and D of the date of the preparation of the sale security contract for the instant machinery and facilities, even if the sale security contract for the instant machinery and facilities was prepared at the beginning and around December 2014, it is determined that the date of the preparation was recorded falsely as of March 30, 2012, and B, respectively. < Amended by Act No. 12933, Mar. 30, 2014>