1. Revocation of a judgment of the first instance;

2. Defendant Co., Ltd. with respect to the area of 7101 square meters in Yeongung-gu, Gyeonggi-do.

1. Basic facts

A. The Plaintiff, including the conclusion of an agreement on performance guarantee, is a mutual aid association established based on the Construction Waste Recycling Promotion Act (hereinafter “Construction Waste Act”), and E (hereinafter “E”) is a company that has obtained a construction waste interim disposal business license in accordance with the Construction Waste Act, and D (hereinafter “D”) is a company that engages in waste collection and transportation business in accordance with E.

On April 13, 2002, the Plaintiff subscribed to the Plaintiff by E as an internal partner, and if E fails to comply with an order issued by the Mayor/Do governor for the disposal of abandoned waste, the Plaintiff entered into an agreement on the performance guarantee of abandoned waste (hereinafter “instant performance guarantee agreement”) with the content that E will dispose of the waste instead of it, and claim for the amount exceeding the contribution out of the disposal costs, and D jointly and severally guaranteed all obligations that E owes to the Plaintiff pursuant to the instant performance guarantee agreement.

E paid contributions and subscribed to the plaintiff's membership.

B. E, such as an order for the generation and disposal of neglected waste, has been issued a “special inspection and demand for correction” on six occasions from May 29, 2012 to April 26, 2013 on the grounds that the Plaintiff violated the Plaintiff’s provisions on the prevention and disposal of neglected waste, and thus has stored 6,730 tons of inflammable waste. However, he did not take any measure.

Article 43 (1) and Article 43 (1) of the Construction Wastes Act (1) of the same Act on October 8, 2013 (Disposal of Abandoned Wastes) (1) Where a person who has made a performance guarantee pursuant to Article 42 (1) falls under any of the following cases, the Mayor/Do Governor shall order the construction waste disposal business entity to dispose of the neglected wastes within a specified period:

1. Where business activities are suspended or approval for temporary storage is revoked due to dishonor or revocation of permission;

2. Other inevitable circumstances.