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(영문) 서울고등법원 2016.12.14 2015누39363
시정명령등취소
Text

1. The Defendant’s corrective orders and orders stated in the attached Form C, which was against the Plaintiff as the plenary session’s resolution on March 6, 2015.

Reasons

1. Facts of recognition;

A. At the time of the instant collaborative act by the Plaintiff, the name of the legal entity was B at the time of the instant collaborative act, but thereafter, the name of the legal entity was changed to A corporation as of December 30, 201 after absorbing I and J Co., Ltd.

“A” without distinguishing before and after the amendment;

D and E Co., Ltd. (hereinafter “three companies including the Plaintiff, etc.”) are companies engaged in the construction business, and each trade name “stock company” are those as prescribed by Article 2 subparag. 1 of the Monopoly Regulation and Fair Trade Act (hereinafter “Fair Trade Act”).

B. “The structure and actual condition of a market in the construction of the public disposal facility for food wastes” refers to a facility that collects biogas fuel, such as mertans, carbon, hydrogen, hydrogen, etc. by heat decomposition or fermentationing or fermenting organic waste resources, such as food waste and food, excreta, and sewage sludge generated in the course of the disposal thereof. The biomass energy facilities are comprised of fire extinguishing gas use facilities, including facilities for bringing in and treating such wastes, facilities for combat (degradation through suspected microorganisms) processes, fire extinguishing sludge compost compost facilities, wastewater treatment facilities, etc. 2) international recognition for the prevention of environmental pollution caused by the discharge of wastes has spread and the need for joint response has emerged. Accordingly, the government subscribed to this Protocol, which is an international convention on marine pollution prevention by discharging wastes at the sea, to the Convention on the Prevention of Marine Pollution.

Accordingly, from 2012, livestock excreta has been completely prohibited from discharging the sea since 2013, and as a result, the installation of biomass energy facilities around the nation's local governments was actively promoted.

C. F Construction Work 1) F Construction Work is a construction work in which biomass energy facilities are installed (hereinafter “instant construction work”) within the G Institute (H housing site development project zone).

aro, the ordering person.

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