공사중지가처분
205Kahap2276 Disposition of suspension or temporary injunction
Is 00
Busan Geum-dong, Geum-dong 000
Attorney Park Jae-soo, Counsel for the defendant-appellant 000
1. The Korea Rail Network Authority;
Daejeon Jung-dong Daejeon 452-3
Representative President 000
2. Stock company 000
Seoul Central District 000 1
Representative Director 000
Law Firm 00
Attorney 000
February 17, 2006
1. The applicant (appointed party)'s new name is dismissed;
2. The costs of lawsuit shall be borne by the applicant;
The respondent shall not perform all construction works, such as the construction of gold tunnels, pit works for such works, and the installation of other structures appurtenant thereto, etc., which are implemented within the fourteenth section from among the sections of the Seoul-Unmanned High-speed Railroad. The respondent shall not set up in gold settlement any sand for the reclamation of soil and sand generated in the course of the gold tunnel construction and pit works. The execution officer shall publicly announce the purport of the above order in an appropriate manner. In case where the respondent violates the above order, the execution officer may take appropriate measures for the removal thereof.
1. Claims by the applicant (appointed party; hereinafter referred to as the "applicant");
The applicant and the designated parties are those who live in the Geumdong-gu Busan Metropolitan City and engage in the business of restaurant, etc. In the event that the 14th section of the Gyeong- High-speed Railroad Construction Works is implemented through the underground of the Geum-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si, the residential life and business of the applicant and the designated parties who use groundwater as household water due to the outflow of groundwater in the Geum-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si-si
2. The judgment of this Court
A. In full view of the records and examination results of the case, the respondent is expected to take a series of safety measures, such as reflecting the damage reduction measures in the design through the investigation and analysis of the groundwater outflow and geological structure of construction area due to the gold tunnel construction, preparing a water control method to prevent the outflow of groundwater in preparation for the cases where the Respondent should pass through the underground waterway or the area including the large amount of groundwater should be excavated, and installing an automatic measurement system for the groundwater level to conduct a precise survey and analysis of the groundwater level change from time to time, and allowing the applicant to cope with it.In addition, it is anticipated that a large volume of groundwater outflow caused by the gold tunnel construction would not occur, and even if it is anticipated that the Respondent will have partial impact on the groundwater pollution, it is possible to cope with the above preventive measures, even if it is possible for the Respondent to prepare and use the underground water level 25000OO's groundwater level by the method of construction of the gold tunnel construction in Busan-dong, Busan, which is operated by the Respondent, the depth of the construction of the underground water level 25000m.
It is difficult to view that it should be determined.
B. In the event that the creation of a private soil site is affected by ordinary noise, dust, etc. caused by construction works and the management of a private soil site is poor, damage may be anticipated due to soil erosion. However, it is difficult to conclude that the area of forest land in the site planned for a private soil site is about 35% and is the degree of destroying the ecosystem of the neighboring valley area, such as retaining wall facilities, etc. In the event of banking, the respondent is required to install a private soil site in a private soil site and to prevent erobial pollution. Ultimately, it is difficult to see that the environmental infringement is likely to be done to the extent of suspending the creation of a private soil site as an arboretum or sports park, and that the applicant and the designated parties are not clearly explained directly infringing on the business of the applicant and the designated parties.
3. Conclusion
Therefore, the Claimant's error in the construction of the gold tunnel and the construction of the private road as asserted by the Claimant is not recognized, or even if there are some damages, it cannot be deemed that the suspension of construction in this case is acceptable. Thus, the application for provisional disposition in this case is dismissed as it is without merit. It is so decided as per
February 17, 2006
presiding judge, judge Park Jae-hee
Judges Cho Jae-chul
Judges Electrical Binding