Text
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of the disposition;
A. On March 28, 2018, B Co., Ltd. (hereinafter “B”) received an order from the Defendant to suspend business operations for one month and to dispose of illegal waste storage (hereinafter “instant prior disposal”) pursuant to Articles 27(2) and 39-3 of the Wastes Control Act, on the grounds that the company was engaged in a general waste recycling business in the Chungcheongnam-gun (hereinafter “instant place of business”).
B. On November 30, 2018, the Plaintiff acquired a comprehensive waste recycling business and its disposal facilities from B, and subsequently filed a report on the change of the waste disposal business to the Defendant, and the Defendant accepted the report on the change of the waste disposal business on December 4, 2018.
C. After that, on the ground that the Plaintiff stored wastes in a place other than the permitted storage facility by storing the wastes entrusted on December 14, 2018 in the vicinity of the instant place of business, the Defendant issued on February 1, 2019 an order to suspend business operations for three months and to dispose of illegal wastes stored therein (hereinafter “instant order to suspend business operations” and “the instant order to dispose of them,” and collectively “each of the instant dispositions.” In addition, the Defendant issued each of the instant dispositions, which became the subject of each of the instant dispositions, on December 1, 2019.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 8, 11, 14 (including those with serial numbers; hereinafter the same shall apply), Eul evidence Nos. 1 through 4, 6, 7, and the purport of the whole of the video and oral arguments
2. Determination on the legitimacy of each of the dispositions of this case
A. The Plaintiff’s assertion 1) The instant wastes are the same as the wastes that were subject to the prior disposal of the instant case.
In other words, B did not dispose of wastes illegally stored in the management dispute despite the preceding disposition of this case, but transferred them to the Plaintiff, and the Plaintiff also transferred them to the Plaintiff.