정화조치명령취소
The judgment of the first instance is revoked.
The Defendant’s order to take purification measures against the Plaintiff on April 22, 2019 shall be revoked.
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1. Details of the disposition;
A. On July 11, 2008, the Plaintiff purchased from C the land of 1,520.9 square meters for a factory site in Gwangju Northern-gu (hereinafter “instant land”) and its ground buildings (three Dongs and three affiliated buildings in the main building; hereinafter “instant building”). In addition to the instant land, the Plaintiff purchased the instant building.
B. The Korea Environment Corporation conducted a fact-finding survey on land pollution against H, including the instant land, from January 2016 to December 2016.
As a result, it was confirmed that the land of this case was contaminated as follows.
At the location (site of pollution) The total carbon oxide (TPH oil contamination level) in the instant land TPH Oil Oil Total Pollution Load (TPH oil pollution level): Oil, oil, light oil, oil, oil, and jyd caron from among the samples contaminated by oil. It indicates whether or not the oil has been contaminated by oil.
(2,000g/km) 34,546g/km 140.9㎡ 240.3 cubic metres 240.3 cubic metres
C. On March 21, 2017, the Defendant issued an order to order the Plaintiff to purify the instant land (hereinafter “previous disposition”).
(d)
The Plaintiff filed a lawsuit seeking revocation of the previous disposition with the Gwangju District Court 2018 Guhap 11692.
On February 14, 2019, the aforementioned court rendered a judgment revoking the previous disposition on the ground that the Defendant violated the administrative procedures statutes, such as not giving prior notice to the Plaintiff and not giving the opportunity to present opinions, etc. In the course of the previous disposition, and the said judgment became final and conclusive on March 1, 2019 due to the Defendant’s failure to appeal.
E. Accordingly, on April 22, 2019, the Defendant issued an order to take the following measures against the Plaintiff (hereinafter “instant disposition”).
Pursuant to the provisions of Article 15(3) of the Soil Environment Conservation Act, Pursuant to the results of a detailed soil survey, Pursuant to Article 15(3) of the same Act, I will order soil purification measures to be taken in accordance with the soil environment preservation law.
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