[토지인도][공2002.12.15.(168),2797]
[1] Whether the latter part of Article 24(5) of the Wastes Control Act intends to automatically succeed to the rights and obligations under the private law of the industrial waste discharger by a person who has taken over the business of the industrial waste discharger pursuant to the procedure of auction under the Civil Execution Act (negative)
[2] The case holding that the present owner's request for taking place of industrial wastes and delivery of site is accepted for the present owner's request for taking place of industrial wastes and delivery of site, which acquired the site
[1] According to the latter part of Article 24(5) of the Wastes Control Act, the person who takes over the business of an industrial waste discharger by means of auction under the Civil Execution Act (former Civil Procedure Act), realization under the Bankruptcy Act, sale of seized property under the National Tax Collection Act, the Customs Act or the Local Tax Act, and other procedures corresponding thereto shall succeed to the rights and obligations related to the industrial wastes in question. In light of the fact that the Wastes Control Act properly treats wastes and cleans the natural environment and living environment, thereby contributing to the improvement of environmental preservation and the quality of people's lives (Article 1), Article 7 of the Framework Act on Environmental Policy, and Articles 24(1) and 25 of the Wastes Control Act stipulate the principle of liability of the person responsible for the pollution, the above succession provision merely expands the principle of liability of the person responsible for the pollution to prevent the occurrence of abandoned wastes, and it does not necessarily mean that the person who takes over the business succeeds to the rights and obligations under the public law of the industrial waste discharger.
[2] The case holding that the present owner who acquired the site and buildings of the factory site and machinery and apparatus by a blanket auction shall be entitled to request for the disposal of industrial wastes and the delivery of the site
[1] Article 24(5) of the Wastes Control Act / [2] Article 214 of the Civil Act, Article 24(5) of the Wastes Control Act
[1] Supreme Court Decision 86Meu2336 delivered on June 23, 1987 (Gong1987, 1220)
Oral Industry Corporation
Bawon Co., Ltd. (Law Firm Sejong, Attorney Lee Yong-soo, Counsel for the plaintiff-appellant)
Suwon District Court Decision 2001Na10936 delivered on June 5, 2002
The appeal is dismissed. The costs of appeal are assessed against the defendant.
According to the latter part of Article 24(5) of the Wastes Control Act, the person who has taken over the business of an industrial waste discharger pursuant to auction under the Civil Execution Act (former Civil Procedure Act), realization under the Bankruptcy Act, sale of seized property under the National Tax Collection Act, the Customs Act or the Local Tax Act, or other procedures corresponding thereto shall succeed to the rights and obligations related to industrial wastes in question. In light of the fact that the Wastes Control Act aims to contribute to the preservation of the environment and the improvement of the quality of people's lives by cleaning the natural environment and living environment through proper disposal of wastes (Article 1), Article 7 of the Framework Act on Environmental Policy, Article 24(1) and Article 25 of the Wastes Control Act, and Articles 24(1) and 25 of the Wastes Control Act, the above succession provisions merely purport to extend the principle of liability of the person responsible for the pollution to prevent the occurrence of abandoned wastes, and thus, it shall not be deemed that the person who takes over the business succeeds to the rights
According to the facts and records established by the court below, the plaintiff is a company with the purpose of manufacturing and selling salt and mountain active products. The defendant (former trade name before the change, Hannam Unemployment Co., Ltd.) is a company with the purpose of manufacturing and selling salt, e.g., business of manufacturing and selling salt, and the collective auction on the factory site and buildings and machinery of this case owned by the defendant, for which the right to collateral security was established by the Factory Mortgage Act. As a result, the plaintiff acquired ownership by making a successful auction on September 4, 200. However, the court below's drawings in the factory site of this case 1, 2, 3, 1,500t (hereinafter referred to as "the waste of this case"), which is the commercial waste discharged by the defendant in the process of producing salt and alcoconium, is not treated in accordance with the Wastes Control Act, and it is clear that the defendant's duty to exclude the plaintiff from the transfer of the land of this case to the administrative agency of this case without interference with the plaintiff's ownership of the above factory site of this case.
The judgment of the court below to the same purport is just, and there is no error in the misapprehension of legal principles as to the interpretation of Article 25 (5) of the Wastes Control Act.
Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition.
Justices Lee Yong-woo (Presiding Justice)