가축분뇨배출시설허가취소처분 취소청구
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On March 20, 2017, the Plaintiff filed a report on the installation of a livestock excreta discharge facility (hereinafter “instant waste discharge facility”) with the Defendant, in accordance with Article 11(3) of the Act on the Management and Use of Livestock Excreta (hereinafter “livestock Excreta Act”).
Upon the filing of the instant report, the Plaintiff submitted a livestock excreta consignment contract (hereinafter “instant consignment contract”) to entrust the disposal of the entire livestock excreta generated from the instant waste-generating facility to a public nature environment-friendly wood group (hereinafter “small wood group”), a livestock excreta recycling business establishment, and the Defendant accepted the instant consignment contract (hereinafter “instant consignment contract”).
B. Upon completion of the installation of the instant discharge facility, the Plaintiff received notice from the Defendant on May 29, 2018 of passing the inspection of completion of livestock excreta discharge facilities, and operated the instant discharge facility from around that time.
C. On September 18, 2018, the Defendant confirmed that the Plaintiff did not dispose of livestock excreta generated from the instant waste-generating facility during the course of the business trip inspection for the small wood team, and that the representative B did not enter into the instant consignment contract with the Plaintiff.
Accordingly, on November 12, 2018, the Defendant: (a) deemed that the instant consignment contract was falsely prepared and submitted by the Plaintiff; and (b) revoked the permission for installation of the instant waste disposal facility or the instant waste disposal facility, or filed a report on installation or alteration of the instant waste disposal facility, pursuant to Article 18(1)1 of the Livestock Excreta Act and Article 17 of the Enforcement Rule of the same Act, on the ground that the instant waste disposal facility constitutes “the instant waste disposal facility was reported by fraudulent or other illegal means; and (c) thereby, the instant waste disposal facility subject to reporting or the instant waste disposal facility was revoked or its closure is revoked.