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(영문) 대전고등법원 2021.02.04 2020누11785
폐기물처리 사업계획서 적정통보 취소처분 취소
Text

1. Revocation of the first instance judgment.

The judgment of the court of first instance is the intervenor and the intervenor who supported the plaintiff in Section 1 of the Disposition.

Reasons

1. The reasons why this part of the disposition is stated are as follows, and the corresponding part of the reasoning of the judgment of the first instance is the same as that of the judgment of the court of first instance, except for the dismissal or addition of a part as follows. Thus, this part of the reasoning is cited in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

At the bottom of the 2nd Do Governor, the Do Governor of the 5th Cheongnam-do shall be the Do Governor of the participating administrative agency (hereinafter referred to as the "Do Governor of Chungcheongnam-do").

Part 3 The "Seosan Market" of the PP 10th page is the "Seosan Market" of the participating administrative agency (hereinafter referred to as the "Seosan Market").

The “reasonable Notice” in the 2nd conduct of the 4th page shall be added to the “reasonable Notice” (hereinafter referred to as “reasonable Notice”).

The following shall be added to the fourth letter box:

F. The Board of Audit and Inspection conducted an audit on the conditions of approval for the occupancy contract of this case and the conditions of approval for the alteration of the industrial complex of this case and the conditions of approval for the alteration of the implementation plan of this case (hereinafter referred to as "each of the conditions of this case"). On December 2019, since each of the conditions of this case may be contrary to the relevant Acts and subordinate statutes, such as the Waste Management Act, etc., and accordingly, notified Chungcheongnam-do Governor and the Mayor of Seosan to prepare measures to delete each of the above conditions.

Accordingly, on January 31, 2020, the Cheongnam Do governor deleted the conditions of approval for the modification of the instant implementation plan.

“The grounds for recognition of the 4th E-WH” shall be added to the column “A 29,30”.

2. Whether the instant disposition is lawful

A. The reasoning for this part of the Plaintiff’s assertion is as stated in the corresponding part of the reasoning of the judgment of the first instance, except for adding some of the following, and thus, this part of the reasoning is cited in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

Part 6. The following shall be added to Part 8 below:

The plaintiff and the industrial complex occupancy contract of this case (hereinafter "the occupancy contract of this case") are concluded by the Seosan market.

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