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(영문) 서울고등법원(춘천) 2019.02.11 2018누963

영업소폐쇄처분취소

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. According to the evidence duly adopted and examined by the court of first instance citing the judgment of the court of first instance, the fact-finding and judgment of the court of first instance are justifiable.

Even if the evidence submitted by the Plaintiff was neglected in the trial, there was no error as alleged in the grounds for appeal by the Plaintiff.

Therefore, the reasoning of this court’s judgment is added to the Plaintiff’s main grounds for appeal as set forth in paragraph (2) below, and it is identical to the reasoning of the first instance judgment except for adding related statutes such as Paragraph (3). As such, this court’s judgment is cited by Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the

2. Additional determination

A. The Plaintiff’s assertion 1) Plaintiff’s external restoration company operated by the Plaintiff (hereinafter “instant external restoration company”).

A) A person is operating in the form of a work to spread cans presses in the form of a person who installs a self-baculate in the place of business and painting minor parts of a motor vehicle. Therefore, the external restoration business entity of this case should not regard the entire site of the instant external restoration business entity as a painting facility. The space inside a cans presses are maximum of 4.5 metres, and the floor area ratio is calculated based on the quantity of pollutants discharged by the Plaintiff business, and the floor area ratio is calculated based on the quantity of pollutants discharged by the Plaintiff business. Thus, the seal installed in the external restoration business entity of this case does not constitute an emission facility under the Clean Air Conservation Act. Even if a business entity falls under an emission facility under the Clean Air Conservation Act, the total amount of air pollutants generated per year is less than 2 metric tons, and thus, the external restoration business entity of this case is not a vehicle-type restoration business entity, but is not a facility related to the motor vehicle, and the total floor area of which is less than 50 metres or reported.