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(영문) 부산지방법원 2020.08.14 2020구합21167
토양정밀조사명령 및 정화조치명령 처분취소
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1. An order of detailed soil survey conducted on August 7, 2019 by the Defendant against the Plaintiff, and an order of detailed soil survey conducted on September 20, 2019.

Reasons

1. Details of the disposition;

A. On November 29, 2018, the Plaintiff is a company that operates a real estate trust business, etc., and the construction of a new building is in the course of performing the construction of the building under a trust with the Busan Jin-gu Busan (hereinafter “instant land”).

B. On February 21, 2019, the Defendant issued an order to conduct a detailed soil survey (hereinafter “disposition as of March 29, 2019”) on the grounds that the civil petitioner discovered the petroleum gas total hydrocarbon in the 6,717mg/km as a result of collecting samples from the instant land at a branch office and requesting the soil analysis center of the Korea University Industry-Academic Cooperation Foundation (hereinafter “the instant land”). On March 29, 2019, the Defendant filed a civil petition for the pollution of the instant land, on the grounds that the oil tank location at the instant land removed from the instant land and the oil tank total hydrocarbon in the nearby area exceeds 500mg/km as stipulated in Article 4-2 of the Soil Environment Conservation Act.

C. On June 18, 2019, the Defendant collected samples at a point indicated in the annexed Form 1 drawings that is suspected of soil contamination among the boundary areas of the instant land and the Busan Jin-gu E (hereinafter “instant adjacent land”) and requested the Busan Metropolitan City Health and Environment Research Institute to do so. As a result, the Defendant discovered the gross hydrocarbon of petroleum in 908g/km.

Accordingly, the Defendant ordered the Plaintiff to conduct the detailed soil survey on August 17, 2019, to conduct the detailed soil survey and to take purification measures on September 20, 2019, on the ground that the oil tank location point and nearby point of the instant land were detected with gross hydrocarbons in excess of 500mg/km level, in accordance with Article 11 of the Soil Environment Conservation Act, and the Defendant ordered the Plaintiff to conduct the detailed soil survey on February 21, 2020.

"each of the dispositions in this case" is referred to as "each of the dispositions in this case" in the above three dispositions.

(ii) [based on recognition] unsatisfy, Gap evidence 1, 5 through 9, and Eul evidence 2 to 6, 32 (if any, with a serial number), each entry including a serial number, and the purport of the whole pleadings;

2. The case.

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