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(영문) 서울고등법원 2017.04.20 2016누70873
암석회수 및 양도금지명령처분 취소의 소
Text

1. Of the judgment of the court of first instance, the Defendant’s collection of the transferred rocks on October 23, 2015 against the Plaintiff on September 14, 2015.

Reasons

1. The reasoning for the court’s explanation as to the grounds for each of the dispositions in this case and the legitimacy of each of the dispositions in this case is as follows, and the relevant part of the judgment in the first instance is identical to the corresponding part of the grounds for the judgment in the first instance, except for the cases where the six-party 19 to 7-party 18 of the judgment in the first instance are used as follows. Thus, it is acceptable as it is in accordance with Article 8(2

2. As to the collection disposition of this case Nos. 2-2 of this case, the above facts of recognition and evidence Nos. 1, 2, 3-1, 3-1, 10-1, 3, 11-1, 12-2, 14-1, 2, 3, 15, 16 evidence Nos. 17-2, 3, and 4, and 17-2, 3, and 4 are comprehensively taken into account the following circumstances:

Therefore, since the Plaintiff transferred asbestos-containing products in violation of Article 8(1) of the Asbestos Safety Management Act by selling second-out rocks to a person who has failed to name, the collection disposition of the instant case is legitimate, and the Plaintiff’s assertion on this is without merit.

(1) As a result of the primary ingredients examination, asbestos was detected in two rocks, which were removed from the C Quarrying, and asbestos was detected in three landscaping rocks near C Quarrying even in the secondary ingredients examination.

After the second release, three rocks were collected from seven parcels in which the rocks carried out in CQuarrying were loaded, and all of 21 samples were found to be asbestos.

According to the results of the study related to precision geological features, asbestos was detected in 76 of the 107 samples of rocks near CQuarrying and asbestos was detected in all 67 of soil samples.

There is no part of the rocks sample collected in the Quarrying, but it is investigated by collecting samples from part of the rocks.

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