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(영문) 의정부지방법원 2018.12.13 2018구합10021
방치폐기물처리명령취소
Text

1. On November 17, 2017, the Defendant’s order to dispose of abandoned wastes against the Plaintiff is revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. Pursuant to Article 47 of the Construction Waste Recycling Promotion Act (hereinafter “Construction Waste Act”), the Plaintiff is a legal entity established as a mutual aid association for the purpose of guaranteeing the disposal of abandoned waste by its members, and B Co., Ltd. (hereinafter “B”) is a construction waste interim disposal business entity who has joined the mutual aid association.

B. On June 7, 1999, B obtained a construction waste interim disposal business license with the content that “20,00 tons of the maximum permissible storage quantity of construction waste” from the Defendant, “20,00 tons of the disposal facilities,” and “C, D, and 12 parcels of land,” and construction waste measured by a public official belonging to the Government Viewing to exceed the maximum permissible storage quantity as of September 9, 2015, measured by 260,749 tons of construction waste measured by a public official belonging to the Government Viewing to a public official belonging to the Government Viewing to a public official belonging to the Government, while carrying on the said business, is composed of 194,40 tons of construction waste and earth, 31,579 tons of construction waste, 1,86 tons of construction waste, 5,369 tons of mixed waste

The construction waste storage was found to have been stored.

C. Accordingly, on December 20, 2016, the Defendant revoked a construction waste interim disposal business license on the ground that construction waste was stored in excess of the permissible storage quantity as above with respect to B.

On the other hand, B filed a lawsuit against the Defendant seeking the revocation of the cancellation of the license for construction waste interim disposal business as the court 2018Guhap12447, and this court rendered a ruling dismissing B’s claim on October 11, 2018, and thereafter, B filed an appeal with Seoul High Court 2018Nu70914 and is still pending in the appellate trial.

On January 24, 2017, the Defendant issued to B an order for disposal of all 260,749 tons of wastes neglected after setting the disposal period from January 25, 2017 to February 24, 2017, pursuant to Article 43(1)1 of the Construction Waste Act, and issued an order for disposal of all 260,749 tons of the wastes neglected. Thereafter, on February 28, 2017, the Defendant issued an order for disposal of the said wastes, setting the disposal period from March 1, 2017 to March 31, 2017.

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