순성토재 변경 처분 취소 청구
1. All of the instant lawsuits are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Basic facts
A. (C) On December 6, 2014, the Plaintiff Co., Ltd. (hereinafter “Plaintiff A”) and C Co., Ltd. (hereinafter “Plaintiff”) concluded the instant construction contract constituted joint contractors (49% of the Plaintiff’s share, and 51% of the share of C Co., Ltd.) and were awarded a contract for D Construction (hereinafter “instant construction”) from Jindo-gun on December 6, 2014.
(hereinafter “instant construction contract”) (Evidence A No. 1). B.
(2) On February 24, 2016, Plaintiff B transferred the share of the instant construction contract to Plaintiff B Co., Ltd. (hereinafter “Plaintiff B”) on February 24, 2016, when Plaintiff B received the share of C Co., Ltd. (hereinafter “Plaintiff B”).
(hereinafter referred to as “Plaintiff B” for convenience, regardless of whether before or after the acquisition of Plaintiff B’s share, (No. 2).
(0) On October 1, 2016, the Plaintiffs and the Defendant agreed to use earth and sand as earth and sand for the instant construction at the time of the instant construction contract, changing earth and sand to be used for the instant construction from earth and sand to coal materials.
However, it is not easy to secure earth and sand in the process of carrying out the instant construction, and the Plaintiffs and the Defendant agreed on September 1, 2016 to change earth and sand to coal materials to be used in the instant construction from earth and sand to coal materials.
(A) Nos. 3, 4, 5, 6.D.
(B) From October 2016, a civil organization that filed a civil petition by a non-governmental organization filed a civil petition filed a civil petition to the Defendant from around October 2016 filed a civil petition for the use of earth and sand, not coal resources, for the instant construction.
(A) evidence of heading 12, 13.e.
(2) On December 12, 2016, the Defendant instructed the Plaintiffs, through the supervising company, to suspend the instant construction work until the completion of an administrative procedure to change the filled-up materials to be used for the instant construction from coal materials to earth and sand.”
(hereinafter “instant instruction”) (No. 11). (f) The instant lawsuit is filed on December 27, 2016.