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(영문) 대전지방법원 2017.01.26 2015구합105529
일반폐기물처리시설조성사업계획 부적정통보처분 취소 청구의 소
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 August 2007, the Plaintiff installed waste disposal facilities to the Defendant and submitted a business plan to conduct the final waste disposal business on the 319-2 and 11 lots of land in Ycheon-gun, Chungcheongnam-do (hereinafter “previous site”).

B. On September 27, 2007, the Defendant notified the Plaintiff of the inappropriate business plan.

(hereinafter referred to as “Initial Disposition”). (c)

On November 19, 2007, the Plaintiff filed a lawsuit seeking revocation of the first disposition with the Daejeon District Court 2007Guhap4720 on November 26, 2008, but was sentenced to a judgment against the Plaintiff on November 26, 2008. The Plaintiff’s appeal and appeal were all dismissed, and the above judgment became final and conclusive.

Daejeon High Court Decision 2009Nu32 decided September 17, 2009; Supreme Court Decision 2009Du17209 Decided December 10, 2009) D.

On September 30, 2011, the Plaintiff installed a waste disposal facility of the Red Sea form in the previous business site and submitted a business plan to run the final waste disposal business.

E. The Defendant is entitled to the Plaintiff on November 4, 201.

The notice of improper information about the project plan stated in the subsection was made.

(f) On November 22, 2011, the Plaintiff filed a lawsuit seeking revocation of the previous disposition with Daejeon District Court 201Guhap4949 on the ground that “The court of first instance rendered a judgment revoking the previous disposition on the ground that “the previous disposition was improper, as it was an abuse of discretionary authority, without presenting specific and reasonable grounds, to the Plaintiff’s business plan.”

G. Accordingly, the Defendant appealed as Daejeon High Court Decision 2013Nu1353, and on May 29, 2014, the court of the second instance revoked the judgment of the first instance and rendered a judgment against the Plaintiff to dismiss the Plaintiff’s claim on the ground that “The legitimacy of the previous disposition is recognized on the grounds that there exist objectively reasonable grounds among the previous grounds for disposition.”

2.3.

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