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(영문) 광주고등법원 (전주) 2018.10.11 2017나12627
공장이전 등
Text

1. Of the judgment of the court of first instance, the part against the plaintiff falling under the following order shall be revoked:

The defendant.

Reasons

1. Basic facts

A. The Plaintiff is an unincorporated Association consisting of residents of Jeonju-gun A (hereinafter “A”).

The defendant is a limited company established for the purpose of manufacturing, selling, etc. concrete products, and is operating a factory listed in the attached Form (hereinafter referred to as the "factory of this case") after August 2006.

B. On June 2012, the Plaintiff’s residents asserted that the environment was destroyed due to the operation of the instant factory, thereby constituting a Countermeasure Committee Chairperson (F) and signed and sealed by 100 village residents, and submitted “written petition for environmental damage caused by the instant factory” to the Jeju-gun.

The above Countermeasure Committee requested arbitration to the G Council, and the conflict coordination meeting was held four times before November 14, 2012, but no agreement was reached.

The defendant (representative H) and A Residents' Countermeasures Council (F) agreement between residents and business operators, such as the relocation of the factory of this case, agree in relation to the relocation of the factory in the village as follows.

1. By December 31, 2015, the factory of this case is closed (all power sources blocking) by agreement between residents and the defendant, and the application for revocation of registration of the factory is filed with the head of the complete unit.

2. No factory may be operated after the closing date of the commitment to the relocation of the factory, and the defendant shall raise a civil or criminal objection to any measure taken by residents.

3. The defendant shall observe the standards set by environmental-related Acts, such as noise and scattering dust, etc. during the period of factory operation.

4.Residents shall cooperate so that the Defendant can operate the factory smoothly within the above period of agreement.

5. The defendant is responsible for various environmental damage caused to residents in the process of the operation of the factory so far, but it is not required to compensate for the damage in the village.

7. The above agreement and commitment must be observed when the defendant's representative is changed or trade name is changed, or when trade is transferred, and the defendant does not raise any objection against any measure taken by the resident.

8.This Agreement shall be amended.

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