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(영문) 대구지방법원 2014.04.25 2013구단10446

폐기물수집ㆍ운반업 허가처분 취소청구의 소

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1. The Defendant’s disposition of permission for waste collection and transportation business against C (Trade Name: D) on March 11, 2013 is revoked.

2...

Reasons

1. Details of the disposition;

A. On November 30, 2006, the Plaintiffs, as the residents of the Defendant, jointly run the domestic waste collection and transportation business under the name of “E” after obtaining permission from the Defendant for a waste collection and transportation business using domestic wastes as business-oriented wastes.

B. C On March 1, 2013, the term “D” has completed business registration, and obtained permission for waste collection and transportation business from the Defendant on March 11, 2013 (hereinafter “instant disposal”). Wastes subject to business are two (F, G; hereinafter “instant vehicle”); one (H); and (c) one (H) the business area is within the jurisdiction of the Si/Gu, by means of domestic wastes and equipment.

C. Domestic wastes are classified into general domestic wastes and food wastes. The Defendant entrusted the disposal of domestic wastes within the jurisdiction of the Plaintiffs and one of the other companies since 2005, and the general domestic wastes have been collected and transported directly by the Defendant.

In order to separately entrust only the collection of general domestic waste and street cleaning in the area of 4,5 dong and village, the Defendant selected C as the entrusting company on March 20, 2013 after the public notice of recruitment of the entrusting company on April 16, 2013.

【Ground of recognition】 The fact that there has been no dispute, Gap's 1 through 4, Eul's 1 or 18, and the purport of the whole pleadings

2. The defendant asserts to the effect that the lawsuit of this case is unlawful, since there are no circumstances to deem that the plaintiffs' rights or legal interests were directly and specifically infringed due to the disposition of this case.

However, even if a third party is not the direct counterpart of an administrative disposition, if the interests protected by law are infringed by the administrative disposition, the party is entitled to be judged by the legitimacy by filing an administrative litigation seeking the cancellation or confirmation of nullity of the administrative disposition.

I would like to be.