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(영문) 서울행정법원 2016.10.07 2015구합81065
암석회수 및 양도금지명령처분 취소의 소
Text

1. The Defendant’s transfer of rocks to the Plaintiff on September 11, 2015, and the transfer of rocks on October 23, 2015 to the Plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff is a business entity that excavates and collects natural rocks from C Quarrying located within B B incheon-si (hereinafter “C Quarrying”) and sells them as landscaping stone in the area of a temporary storage for soil and aggregate for the promotion of DD restoration projects in the vicinity, as of June 25, 2012.

B. On August 18, 2015, around 17:53 to 18:30 on August 18, 2015, the Plaintiff excavated and extracted natural rocks in CQuarrying and sold them to E (hereinafter referred to as “F”), a landscape gardening store (hereinafter referred to as “first-out rocks”) located in Chungcheong City. On September 11, 2015, the Defendant sold landscape stone (the first-out rocks) in which the Plaintiff contained asbestos, and the Defendant disposed of the Plaintiff’s “the first out rocks by October 16, 2015” under Article 8(3) of the Asbestos Safety Control Act, and subsequently, prohibited the transfer of asbestos content rocks in C stone collection stations and adjacent roads.

(hereinafter referred to as “the above measure of recovery of rocks” is the first measure of recovery, “the measure of prohibition against transfer of the above rocks,” and “the first measure of prohibition against transfer of the above rocks.”

On September 14, 2015, the Plaintiff excavated and extracted natural rocks in CQuarrying and sold them to persons under consideration of their name (hereinafter referred to as “second-out rocks”). On October 23, 2015, the Defendant issued a disposition to the Plaintiff that “the first and second-out rocks are recovered until November 20, 2015,” pursuant to Article 8(3) of the Asbestos Safety Management Act on the ground that the Plaintiff did not recover the first and second-out rocks, and that the Plaintiff sold the second-out rocks containing asbestos (the second-out rocks), and that “the second-out rocks are prohibited from transferring the first and second-out rocks by November 20, 2015,” and that “the second-out asbestos-containing rocks are prohibited from transferring them to C stone collection stations and adjacent roads.”

The second-1 recovery disposition of the instant case, “the second removal measure of rocks, etc.,” and “the second removal measure of rocks, etc.,” are the case No. 2-2.

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