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(영문) 부산고등법원 2011.01.13 2009나13347

손해배상(기)

Text

1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

The defendant.

Reasons

1. The following facts do not conflict between the parties, or may be found in full view of Gap's testimony as witness I of the first instance trial, with the following facts: Gap's testimony as a whole: Gap's evidence 1, 3, 5, 10, 14, 15, 17, 18, 19, 20, 25, 26, 27, 28, 30, 31, and 34; Eul's evidence 56-1, 2, 7, 9, 10, 11, and 12; and Gap's testimony as witness of the first instance trial.

The Plaintiff is a juristic person with the purpose of collecting, transporting, intermediate, and final disposal of industrial wastes; the Plaintiff’s business to operate waste disposal business (hereinafter “instant waste disposal business”) in the Ulsan-gun, Ulsan-gun, Ulsan-gun, the Defendant’s forest land 96,992 square meters (hereinafter “instant land”); and obtained the Defendant’s approval to use the instant land on March 20, 1995.

B. On June 30, 1995, the Plaintiff received an appropriate notice from the Do governor of Gyeongnam-do on the general waste disposal business with regard to 54,584 square meters of six parcels including the instant land, and obtained approval from the mayor of Ulsan-si on July 18, 1996 for the location of the instant land as a waste disposal facility (reclaimed site) site. On December 30, 1995, the Plaintiff acquired permission and license necessary for the project on the grounds that the report of development activities was accepted for a construction period of three years for the construction of the above waste disposal facility.

C. However, from around July 1995, the previous resident, the Nantop Preservation Association composed of Ulsan Metropolitan City L and residents in Ulsan Metropolitan City around the land to be reclaimed for the disposal site had continuously filed an opposing civil petition. Accordingly, on June 8, 1998, the Plaintiff requested the Ulsan Metropolitan City Mayor to extend the period of application for license for waste disposal business within three years from the date of receiving the appropriate final notice of general waste disposal business. The Ulsan Metropolitan City Mayor extended the Plaintiff’s period of application on August 3, 1998 by six months until December 29, 198.

Even after that, the maturity of the application period for permission extended due to the disturbance of the residents has expired, and the plaintiff is again on December 21, 1998.