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(영문) 대구고등법원 2019.01.11 2018누4077

골재선별파쇄신고수리취소처분등 취소

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The Plaintiff filed a lawsuit seeking the cancellation of the warning disposition on December 14, 2017 and the cancellation disposition on March 2, 2018 from the first instance court to December 14, 2017. The first instance court accepted the part seeking the cancellation of the warning disposition on December 14, 2017 in the Plaintiff’s claim and dismissed the remainder of the claim.

Since only the plaintiff filed an appeal, the subject of this Court's judgment is limited to the claim for cancellation of the disposition to revoke the acceptance of the report on the crushing of aggregate as of March 2, 2018.

2. Details of the disposition;

A. Plaintiff’s report on the selection and crushing of aggregate 1) The Plaintiff entered into a contract on September 12, 2017 with the company engaged in aggregate extraction, manufacture, and sale, aggregate extraction, wholesale, and transportation, etc., and with B on February 3, 2017, to purchase rocks generated in the process of tunnel excavation, etc. in the central line C-D construction site from the central line C-D construction site, and from the construction site of the construction site of the construction site of the construction site of the building site of the building site of the building site of the building site of the building site of the building site of the building site of the building site of the building site of the building site of the building site of the building site of the building site of the building site of the building site of the building site of the building site of the building site of the building site of the building site of the building site of the building site of the building site of the building site of the building site of 210,000 cubic meters and the building site of the building site of the building site of the building site of the building site of the building site of the building.

3. At the time of the above repair, the defendant has thoroughly followed the transportation, environment, on-site management, and quality control to ensure that civil petitions are not generated before the execution of the main project, and after the notification of the repair of the aggregate extraction area pursuant to Article 30 (1) of the Aggregate Extraction Act, such as the receipt of collective civil petitions and petitions after the notification of the repair of the main case.

"The plaintiff was stated and notified" to the plaintiff.

B. The plaintiff.