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(영문) 광주고등법원 2016.06.16 2015누7455
폐기물 매립시설 사후관리 종료 불승인 취소건
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning for the acceptance of the judgment of the court of first instance is that of the court of first instance except for the part as described in the following 2.2. Thus, it is acceptable to accept it as it is in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

2. Parts to be dried;

A. On January 1, 2001, the first instance court’s second sentence No. 16 stated “as of January 1, 201” as “as of January 1, 2001.”

B. Parts 3, 13 through 4, and 12 (the part pertaining to the judgment on the previous defense of the merits) are as follows.

The defendant asserts that the lawsuit of this case is unlawful since the plaintiff who is not the other party to the disposition of this case has no standing to sue.

Even a third party, who is not the direct counter-party to an administrative disposition, has a legal interest in seeking the revocation of the administrative disposition, standing to sue is recognized. However, the legal interest here refers to a case where there is a direct and specific interest protected by the law based on the relevant disposition, and it does not include cases where there is an indirect or factual interest (see, e.g., Supreme Court Decision 2002Du1267, Sept. 23, 2003). In addition, Article 33(1) of the Wastes Control Act provides that “If a waste disposal business operator, a person who has obtained approval for or filed a report on installation of waste disposal facilities under Article 29, or a person who has filed a report on installation of waste disposal facilities under Article 46(1) transfers waste disposal facilities, waste disposal facilities, or facilities under Article 46(1), the transferee shall succeed to the rights and obligations arising from a license, approval or report.”

In light of the above legal principles, the following circumstances, which were considered comprehensively as to the instant case, are ①.

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