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(영문) 전주지방법원 2018.10.17 2018구합514
등록취소처분취소
Text

1. The revocation of registration of a private sewage treatment facility manufacturing business made by the Defendant against the Plaintiff on February 19, 2018 shall be revoked.

2...

Reasons

1. Details of the disposition;

A. The Plaintiff registered the manufacturing business of private sewage treatment facilities to the Defendant pursuant to Article 52(1) of the Sewerage Act, and then is a company that engages in the manufacturing business of sewage treatment facilities, etc. at the Gunsan-ro 17-28 (Mindo-dong).

B. From January 12, 2009 to October 12, 2017, the Plaintiff sold 23 wastewater treatment facilities (22 cubic meters/day, 22 cubic meters/day, 49.5 cubic meters/day, hereinafter “instant product”).

C. On February 12, 2018, the Defendant issued a hearing procedure on February 19, 2018, and revoked the registration of manufacturing business of private sewage treatment facilities pursuant to Article 54 of the Sewerage Act (hereinafter “instant disposition”) with respect to the Plaintiff on the ground that “the Plaintiff sold unregistered products from the Chungcheongnam-gun Armed Forces on December 26, 2017 and sold products other than those registered pursuant to Article 52(1) of the Sewerage Act.”

[Ground of recognition] Facts without dispute, Gap evidence Nos. 5, 6, 7, Eul evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) The instant disposition is unlawful on the following grounds. (A) In full view of the absence of the grounds for disposition, the Sewerage Act separates the manufacturing process of private sewage treatment facilities into “production” and “production”, and the manufacturer of private sewage treatment facilities can “manufacture” only for registered products, and the manufacturer of private sewage treatment facilities can “production” at the request of a designer/contractor of private sewage treatment facilities within the scope of the registered product treatment capacity.

The product of this case is within the treatment capacity (80 cubic meters/day, 100 cubic meters/day, etc.) of the product registered by the Plaintiff. The product of this case is within the scope of manufacturing and selling according to individual orders by the Plaintiff. The quantity of the product of this case is extremely part of the sales volume of the treatment facilities of sewage that the Plaintiff manufactured and sold while selling the product of this case.

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