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(영문) 대구지방법원 2018.10.26 2018구단10557

영업정지처분취소

Text

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 February 3, 2017, the Plaintiff: (a) concluded a sales contract between the Central Line Dog-Yancheon Dogcheon Dogcheon Dog-Yandong 11 Construction Site and Nombdog 210,000 cubic meters from the construction site; (b) on September 12, 2017, to process purchased rocks as aggregate; (c) on September 12, 2017, the Plaintiff filed a report on the construction of aggregate to the Defendant on September 12, 2017, “the type of business to be registered: the type of business to be selected and crush aggregate, the area installed, the annual production volume of 6,265 cubic meters, the annual production volume, the installation period of 180,00 cubic meters: from September 7, 2017 to September 20, 202; and (d) the place of installation: The Defendant filed a separate report on the construction of aggregate with the Defendant on September 29, 2017.

B. On November 3, 2017, the Plaintiff entered into a sales contract with the Korea New Technology Co., Ltd. on the part of the Central Line’s Dogdo-Yancheon Fire Fighting 12 Section, Section 543,424 cubic meters from the construction site of Nowon-gu, and on November 2017, the Plaintiff changed the original “annual production scheduled volume: 180,000 cubic meters to the Defendant’s “annual production scheduled volume: 260,000 cubic meters,” and the Defendant accepted the said report on the change on November 21, 2017.

C. On April 30, 2018, the Defendant, without permission, issued a disposition of business suspension for one month pursuant to Article 19(1)12 of the Aggregate Extraction Act (hereinafter “instant disposition”) on the ground that the Plaintiff violated Article 61 of the Road Act by installing a temporary office at 654 times in the Cheongcheon-si, Cheongcheon-si, Cheongcheon-si, Cheongcheon-si, using the said road as an access route, and by using it at 23, 23-2, and 24 times (land category: response).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 9, Eul evidence Nos. 1 to 3 and 7 (including paper numbers), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s instant disposition is based on the following grounds.