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(영문) 대구지방법원 2018.01.30 2017구합23607

조치명령처분 취소청구

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On December 5, 1957, the Plaintiff owned a building (i.e., 11,229 square meters for steel materials manufacturing and selling steel products; and (ii) a building (i.e., 1,134 square meters for the Nam-gu B factory site (hereinafter “instant land”) and its ground reinforced concrete structure; (ii) 1,134 square meters for the steel structure; (iii) 1,257.60 square meters for the steel structure; (iv) 1,257.60 square meters for the steel structure; (iv) 156 square meters for the steel structure, the steel structure, the sandbed position plate, and the 19.68 square meters for the cement structure, the cement brick structure, and the 19.68 square meters for the single water level room (hereinafter “instant building”).

B. On August 9, 2016, the Plaintiff entered into a contract with C to lease the instant land and buildings with the Plaintiff Co., Ltd. with the deposit of KRW 30,000,000, monthly rent of KRW 10,000,000, and the period from August 10, 2016 to August 9, 2018.

(hereinafter “instant First Contract”). C.

From August 2016, C began to piling industrial wastes on the instant land and building. Upon C’s request, the Plaintiff entered into a contract with the two industry Co., Ltd. on September 20, 2016 to lease the instant land and building with the same content as the said contract (hereinafter “instant contract”), but the Plaintiff continued to set up industrial wastes on the instant land and building (hereinafter “instant wastes”), and the Plaintiff entered into an agreement with C and two industry Co., Ltd. on November 25, 2016, respectively.

The Defendant inspected the instant wastes on December 23, 2016, and confirmed that D brought wastes into the instant land and building from August 11, 2016 to November 10 of the same year. On December 26, 2016, the Defendant filed a complaint against D in violation of the Wastes Control Act with the Korea Coast Guard on December 26, 2016, and issued a disposition to take the following measures against D on December 27, 201, pursuant to Article 48 of the Wastes Control Act: