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(영문) 전주지방법원 2018.08.29 2018구합897

주민지원기금청구

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Facts of recognition;

A. C The Mayor selected one of the instant facilities as the location D, E, and F B (hereinafter “instant facilities”), and obtained approval for the installation plan on May 16, 2014, and completed construction of the instant facilities on October 13, 2016.

B. The Defendant is the Resident Support Council established pursuant to Article 17-2(1) of the Act on Promotion of Installation of Waste Disposal Facilities and Assistance to Their Environs (hereinafter “Waste Facilities Promotion Act”).

C. On March 1, 1983, the Plaintiff completed a move-in report with respect to G-to-land housing (hereinafter “instant housing”) and resides until now.

On June 29, 194, the registration of ownership transfer in the name of the plaintiff was completed on June 29, 1994, the registration of ownership transfer in the name of H on April 8, 201, and the registration of ownership transfer in the name of the plaintiff's spouse on May 23, 2013.

E. Article 6(3) of the Defendant’s Articles of incorporation provides that compensation shall be made to one household with resident registration and actual resident registration; however, at the time of the public announcement of the instant facility installation plan, a person who has resided therein for at least two years, and a tenant shall be paid to a person who has resided therein for at least three years at the time of public announcement of the instant facility installation plan

F. At the time of the public announcement of the instant facility installation plan, the Plaintiff deemed a tenant who has resided for at least three years, and received KRW 10 million as a resident support district.

[Ground of recognition] Facts without dispute, Gap evidence 3, 4, 6, Eul evidence 1-1, Eul evidence 2, the purport of the whole pleadings

2. Determination on this safety defense

A. The Defendant’s main defense is the owner who has resided for more than two years at the time of announcement of the establishment plan of the instant facility, and thus, the Plaintiff sought additional payment of KRW 10 million for the resident support land, claiming that he/she should receive KRW 20 million as the resident support land, and the Defendant is not eligible to be the Defendant’s defense.

B. According to the Waste Facility Promotion Act, the instant lawsuit is to pay the residents support fees.