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(영문) 울산지방법원 2020.05.28 2019나10231
부당이득금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance, which cited the case, is to be stated in this case, is to delete not more than one line below the fourth day of the judgment of the court of first instance, and to cite it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act, except for the determination of addition under paragraph (2).

The second part of the judgment of the first instance is "the Water Quality and Aquatic Ecosystem Conservation Act (hereinafter referred to as the "Water Quality and Aquatic Ecosystem Conservation Act")" as "the former Water Quality and Aquatic Ecosystem Conservation Act (amended by Act No. 15590, Dec. 27, 2016; hereinafter referred to as the "Water Quality and Aquatic Ecosystem Conservation Act")."

2. Additional determination

A. The Plaintiff’s claim is premised on the Defendant’s acquisition of all the “discharge and preventive facilities” or “business facilities of the wastewater treatment business” to the extent that the Defendant is an existing business operator to maintain its identity including all necessary facilities to operate the wastewater treatment business prescribed by the Water Quality Ecosystem Act in the auction procedure.

B. According to Article 62(1) and (2) of the Water Quality and Ecosystem Conservation Act, a person who installs a wastewater discharge facility may obtain permission or file a report under certain procedures and requirements, and a wastewater treatment business may be registered through a comprehensive suitability review of the land, buildings, and all facilities, including the wastewater treatment facilities, equipment, and technical capacity. If a person who acquires only some of the wastewater discharge facilities or wastewater treatment facilities permitted or registered succeeds to the rights and obligations arising from the permission or registration, the purport of the above relevant provisions, which strictly stipulate the procedures and requirements for permission, report, or registration for the installation of the wastewater discharge facility and the wastewater treatment business, results in falling short of the above provisions, and thus, a person who acquires the wastewater discharge facility and prevention facilities, or a person who acquires the wastewater treatment facilities, at least,

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