폐기물처리업 허가취소 처분 취소청구의 소
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On February 201, the Plaintiff, a juristic person established for the purpose of waste disposal business, etc., and the Defendant’s comprehensive waste recycling business license (hereinafter “instant license”) on March 29, 2013, conducted recycling business of vegetable residues, livestock excreta, livestock excreta, excreta disposal, etc. in Chungcheongnam-do, Chungcheongnam-do.
B. On October 12, 2018, the Defendant rendered a disposition revoking the instant permission on the ground that “the Plaintiff stored wastes in improper manner” (hereinafter “instant disposition”).
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings
2. Determination as to the legitimacy of the instant lawsuit
A. As long as the Defendant’s main defense was already revoked the Plaintiff’s permission, the Defendant’s defense to the effect that there is no legal interest to seek revocation of the instant disposition to the Plaintiff.
B. 1) A lawsuit seeking the revocation of an illegal administrative disposition is a lawsuit seeking the restoration to its original state by excluding an unlawful state arising from an illegal disposition, and protecting and remedying the rights and interests infringed or interfered with such disposition. Thus, even if the cancellation of the illegal disposition is impossible to restore it to the original state, there is no benefit to seek the revocation of the disposition (see, e.g., Supreme Court Decision 95Nu17403, Jan. 24, 1997). 2) In full view of the following purport: (i) the Defendant issued a disposition revoking the permission of this case on the ground that he/she dumped industrial wastes to the Plaintiff at a place other than the place or facility installed to collect wastes from the Plaintiff on February 12, 2018 (hereinafter “previous disposition”); (ii) the Plaintiff filed a lawsuit seeking the revocation of the previous disposition, but (iii) the Plaintiff’s appeal was dismissed under the Cheongju District Court Decision 2018Gu2297, Oct. 11, 2018.