골재채취업등록 취소처분 취소 청구
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. A. On November 5, 2015, a limited liability company (hereinafter “Blan Shipping”) was declared bankrupt (Seoul Central District Court 2015Hahap10153) on November 5, 2015, as a company that engaged in a business of gathering maritime resources, collecting aggregate, transporting aggregate, transporting sea, etc. from February 1995 to February 2014.
B. On or around December 24, 2015, A trustee in bankruptcy of the White Shipping transferred, with the permission of the court, all obstacles and fixtures related to the extraction of aggregate, such as sand washing machines, warehouses, and pumping machines owned by the White Shipping Co., Ltd. (hereinafter referred to as “Stran Shipping”), on or around January 22, 2016, a license for the extraction of marine aggregates business (Gimpo 200-4), to the Plaintiff on or around March 11, 2016, a license for the extraction of marine aggregates business (Gimpo 200-4), and on or around March 11, 2016, a right to permit the occupancy and use of public waters with respect to the 701-1 branch line 22,653 square meters (hereinafter referred to as “instant public waters”).
(However, the agreement on the transfer of aggregate extraction business between the plaintiff and White Shipping was made on March 3, 2016).
On the other hand, on January 5, 2016, the Plaintiff is a member of the Korea Transportation Corporation.
On April 11, 2016, an aggregate extraction business registration certificate was issued by the Defendant on May 2, 2016 (No. 2016-1, Incheon Jung-gu).
On July 6, 2016, the Defendant: (a) notified the Plaintiff of the revocation of registration of aggregate extraction business pursuant to Articles 19(1)1 and 14 of the Aggregate Extraction Act on the ground that “the Plaintiff did not have any facilities to extract aggregate; (b) the salt production facility is worn out and unusable; (c) the salt measurement test room is an unauthorized building; and (d) the public waters were occupied without the consent of the person who has the right to occupy and use the public waters; and (d) failed to meet the standards for registration of aggregate extraction business; and (e) registered the Plaintiff’s aggregate extraction business on August 11, 2016 after undergoing the hearing procedure on August 5, 2016.