2018Du46230 Revocation of Disposition, etc. of Allocation of Emission Permits

1. A stock company;

2. B stock company:

3. C Stock Company:

4. D Co., Ltd. which is the litigation taking over of D Co., Ltd.

5. E company.

The Minister of Environment

F. F. Corporation

Seoul High Court Decision 2017Nu38760 Decided May 4, 2018

September 13, 2018

All appeals are dismissed.

Of the costs of appeal, the costs of appeal are assessed against the Intervenor, and the remainder are assessed against the Defendant.

The order of the lower judgment is revoked on December 1, 2014, the disposition of allocating greenhouse gas emissions against the Defendant to the Intervenor joining the Defendant is revoked. The Defendant’s disposition of rejecting the allocation of each greenhouse gas emission permit as stated in attached Table 1, which the Defendant rejected against the Plaintiffs on December 1, 2014, is revoked. Of the total costs of the lawsuit, the part resulting from participation in the lawsuit shall be borne by the Intervenor joining the Defendant, and the remainder shall be borne by the Defendant, and the attached Table 1 of the lower judgment shall be amended to Attached Table 1.

All of the records of this case and the judgment of the court below and the grounds of appeal were examined, but it is clear that the appellant's grounds of appeal fall under Article 4 of the Act on Special Cases Concerning the Trial Procedure, and therefore, the appeal is dismissed pursuant to Article 5 of the same Act, and the court of original judgment erroneously stated the order of correction of the defendant's decision of correction, and it is corrected ex officio. It is so decided as per Disposition by the assent of all participating Justices on the bench.

September 13, 2018

Justices Park Jung-hwa

Justices Kwon Soon-il

Justices Lee Ki-taik

A person shall be appointed.