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(영문) 대전지방법원공주지원 2019.06.13 2018가단21806
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On July 13, 2012, Plaintiff B completed the registration of ownership transfer based on sale with respect to D 1,304 square meters and its ground (hereinafter “instant housing”).

Plaintiff

A is the wife of Plaintiff B, and the plaintiffs reside in the housing of this case.

B. On July 19, 2001, the Defendant completed the registration of ownership transfer on the ground of sale with respect to E, E, 3,046 square meters, and F, 410 square meters in neighboring residential areas of the instant housing, and completed the registration of ownership transfer on the ground of sale on January 25, 2002.

The Defendant is operating “G” (hereinafter referred to as “the soup bank of this case”) in a manner that he was frying out trees from yellow sand digging in the above building with the permission to install air pollutants emission facilities from Gongju-si.

C. On September 4, 2017, on the ground that the Defendant violated Article 31(1)1 of the Clean Air Conservation Act due to the failure to operate prevention facilities of air pollutants in the soup bank, the Defendant requested an administrative disposition from the Geum River basin Environmental Office under the Ministry of Environment and filed a complaint.

Accordingly, on September 15, 2017, the official city issued a ten-day administrative disposition of business suspension to the defendant on September 15, 2017. On November 17, 2017, the Daejeon District Court rendered a summary order of a fine of KRW 1 million to the defendant, and a fine of KRW 2 million to the defendant's representative director H (2017 high-end714).

For the same reason, the defendant requested an administrative disposition from the Geum River Basin Environment Office on April 9, 2018, and accordingly, on May 23, 2018, the defendant issued an administrative disposition of 20 days of business suspension to the defendant.

E. On July 12, 2018, 2015.9g/S volume of fine dust (in excess of the standard) and nitrogen oxides concentration 7.94 pmp (within the standard) was measured on July 12, 2018 at the request of Cheongju City, Chungcheongnamnam National Health and Environment Research Institute inspected air pollution level in the soup bank. On August 29, 2018, it was measured with the concentration of fine dust 16.7mg/S (within the standard).

F. The Defendant, on November 12, 2018, shall make soup soup.

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