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(영문) 인천지방법원 2016.10.07 2016구합388
영업허가취소처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. A. Around September 19, 2012, the Plaintiff acquired a foul waste collection and transportation business from Samhan Co., Ltd., Ltd., and the Defendant accepted the Plaintiff’s report on the change in the license for foul waste collection and transportation due to the business takeover on October 5, 2012.

Since then, the plaintiff began to engage in foul waste collection and transportation business in the whole area of Gyeyang-gu Incheon.

(b) The Gyeyang-gu Incheon Metropolitan City City, which implements the excreta purification tank distribution system of Gyeyang-gu Incheon Metropolitan City (1) The excreta collection and purification tank of each Gun/Gu (hereinafter referred to as the “Minan”)

B) Before June 2009, the eurgic eurgic eurgic eurgic eurgic eurgic eurgic eurgic eurgic eurgic eurgic eurgic eurgic eurgic eurgic eurgic

2) The Incheon Metropolitan City allocates excreta and sludge that can be brought into the family unit for each military area on the ground that excreta and sludge generated every day in Incheon exceeds the capacity (2,030 tons a day) capable of purification at the family unit. At that time, the amount of excreta and sludge brought in to the Gyeyang-gu Office was 230 tons a day in total.

3) Following the amendment of Article 45(5) of the Sewerage Act on April 5, 2011, there is no obligation to separate excreta and sludge as a result of the amendment of Article 45(5) of the Sewerage Act. Accordingly, the Incheon Metropolitan City’s amendment of the distribution system of excreta and sludge to integrate excreta and sludge on November 23, 2012, adjusted the amount of dividends for each Gun/Gu. Accordingly, the Defendant’s amount of excreta and sludge distributed was adjusted to 230 tons to 265 tons a day from the previous one day to the 265 tons a day from the previous one. 4) The Gyeyang-gu Office brought in the provisional treatment site in order to facilitate the smooth operation of purification due to the relaxation of heating competition and the deepening prevention of territoriality.

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