폐기물 처리에 대한 조치명령 취소 청구의 소
1. On January 12, 2018, the Defendant’s order to take measures against waste treatment issued to the Plaintiff is revoked.
2. The costs of lawsuit shall be.
1. Details of the disposition;
A. On May 2, 2018, A Co., Ltd. established B by dividing the business portion of construction, etc., and divided B Co., Ltd took over the instant lawsuit.
(hereinafter referred to as the “Plaintiff”) without being divided before and after the filing of the lawsuit.
On August 2, 2013, the Korea Rail Network Authority concluded a contract for construction works between the Plaintiff and C (hereinafter “instant construction works”).
C. On March 20, 2014, the instant construction site is a construction site where waste concrete, etc. is generated; the Korea Rail Network Authority separately ordered construction waste disposal services of the instant construction site to D Co., Ltd.; and on March 20, 2014, reported a construction waste disposal plan (construction waste separate discharge plan: immediate discharge after separation of construction waste inside the site) to the Defendant.
Of waste concrete generated in the construction process of the instant case, the Plaintiff processed not only 20 cubic meters from waste disposal company, but also directly in the block shape at the construction site of the instant construction site (hereinafter “the instant concrete block”). On May 2017, the Plaintiff used it as filled-up on the part of the connection part of the structure at the construction site of the instant construction site (E green belt). The Plaintiff laid off the concrete block above 660 cubic meters from the concrete block to cover the soil and laid down trees and turfs.
E. On January 12, 2018, the Defendant issued an order to the Plaintiff to take measures (hereinafter “instant disposition”) under the condition that “the Plaintiff buried waste in a place other than waste disposal facilities using waste concrete with filled-up materials in the part of the access to the structure (E) while performing the instant construction, for the reason that the Plaintiff buried waste in a place other than waste disposal facilities, the Defendant issued an order to lawfully dispose of (ex officio) the entire quantity of waste buried pursuant to Articles 8 and 48 of the Wastes Control Act until February 28, 2018 and submit a completion report on performance (hereinafter “instant disposition”).
[Ground of recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 8, Eul evidence 1 and 2, video and oral argument.