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(영문) 서울고등법원 2017.03.08 2016누58477

과징금부과처분취소

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning for the court’s explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance except for the dismissal or addition of part of the judgment of the court of first instance as follows. Thus, it is acceptable to accept this as it is in accordance with Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.

2. The second part of the second part of the Construction Waste Disposal Business Act (hereinafter “this case’s application”) provides that “A construction waste disposal business operator shall submit a construction waste disposal business plan for a change in construction waste disposal business pursuant to Article 21(1) of the Construction Waste Recycling Promotion Act (hereinafter “instant application”) with conditional appropriate notification (hereinafter “instant notification”) for a construction waste disposal business license.”

In Part 9, the term “instant change” in Part 9 of the second place shall be deemed to be “the instant report”, and the term “the ownership of the relevant land” shall be added following the “displacement site” in Part 12.

The second 13-18 acts are as follows.

d. When each land listed in the separate sheet No. 1 (hereinafter referred to as “each land of this case”) is referred to as “each land of this case”, and when they are individually referred, “each land of this case 1, 2, and 3” in order.

) At the time of the instant application, the Plaintiff included the instant land in the new site for the instant business. However, the Plaintiff concluded a sales contract with F as to the instant land 1, and with H as to the instant land 2, respectively. The second part of the 2nd part of the 2nd part of the 2nd part of the 2nd part of the 2nd part of the 21st part of the 21st part of the 201, “for each of the instant land,” and “for each of the instant land” as to the instant land 1, 201 and November 24, 2011,” respectively.

The “16 Certificate” in Part 5 of Part 3 shall be added to the next “(including a number, if any)”.

The 3rd part "each of the instant contracts" in the 9th part is "the sales contract for each of the instant lands", and the 15th part "this case".