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(영문) 수원지방법원 2017.04.19 2016구합64020
토양정밀조사명령처분 취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Details of the disposition

From September 1985 to August 2012, the Plaintiff engaged in the business of manufacturing sanitary plastic products, such as bathing, water tank, and sprinking, at a factory on the ground (hereinafter “instant factory”) of land in the Dongcheon-si, Young-si, 280-1 (hereinafter “instant land”).

On January 29, 2009, the Plaintiff sold the instant land and its obstacles (factory buildings, etc.) included in the project site of the said housing site creation project to the Korea Land and Housing Corporation, which is the project implementer of the said housing site creation project. On August 29, 2012, the Plaintiff removed the obstacles to the said land (factory buildings, etc.).

In the process of confirming whether to reclaim the land of this case on October 15, 2013, the head of the Dong branch office, in the time of Sungsung-si, ordered the head of the Dong branch office to conduct the detailed soil survey (hereinafter referred to as the “head of the Dong branch office”) conducted an investigation into the source of pollution and the pollution level of the land of this case pursuant to Article 11(2) of the former Soil Environment Conservation Act (Amended by Act No. 12522, Mar. 24, 2014); and requested the Gyeonggi-do Public Health and Environment Research Institute to inspect the pollution level of soil samples collected from the land of this case.

On November 4, 2014, the head of Dong Branch Office detected of the petroleum gas total hydrocarbon (10,684mg/km, 14,970mg/km) in excess of 2,00mg/km, the soil samples collected from the instant land from the Gyeonggi-do Health and Environment Research Institute (hereinafter referred to as the “Public Health and Environment Research Institute”).

On November 7, 2014, “A” was notified of the outcome of the inspection of the contents, and on November 7, 2014, the Plaintiff ordered the Plaintiff to conduct a detailed inspection of the site of the factory (Evidence B No. 8; hereinafter “instant prior order”). As to this, the Plaintiff filed a lawsuit against the head of the relevant branch office to cancel the instant prior order to the Suwon District Court. On November 26, 2015, the said court filed a lawsuit against the head of the relevant branch office, and on November 26, 2015, the said court has the authority to issue a detailed inspection order to

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