1. On October 8, 2010, the reasoning of the lower judgment regarding the ground of appeal No. 2, 2010, based on Article 6 of the former Act on Promotion of Installation of Waste Disposal Facilities and Assistance, etc. to their Environs (amended by Act No. 12077, Aug. 13, 2013; hereinafter “former Waste Facilities Promotion Act”), Article 4 of the Enforcement Decree of the former Act on Promotion of Installation of Waste Disposal Facilities and Assistance, etc. to their Environs (amended by Presidential Decree No. 25165, Feb. 11, 2014) and Article 3 of the Ordinance on Promotion of Installation and Operation of Waste Disposal Facilities and Assistance, etc. to their Environs-si Areas, the Defendant provided the Plaintiff with the land designated as the site for the Green Center located within Gyeyang-si District (hereinafter “instant site for incineration facilities”), on which the Plaintiff separately provided the cost of installing food waste disposal facilities as the site for incineration facilities (hereinafter “the cost of installing food waste disposal facilities”).

The judgment below

In light of the evidence adopted by the court below, it is clear that the instant disposition was not conducted on the premise that the Plaintiff and the Defendant agreed on the burden of installing waste disposal facilities separately from the free supply of the site for waste disposal.

In addition, according to the provisions of each of the above statutes, an agreement between the Plaintiff and the Defendant on the burden of installing waste disposal facilities shall be reached.