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(영문) 창원지방법원통영지원 2016.07.14 2015가합11416
영업금지 청구의소
Text

1. The defendant shall carry out other fertilizer and nitrogen compound manufacturing business, waste disposal and transportation business, etc. in the building listed in the attached list.

Reasons

1. Basic facts

A. The Plaintiff is a village autonomy council composed of residents residing in Adong-si, and the Defendant is a company that collects food generated from a restaurant, such as Tong Young-si and Changwon-si, and carries on other fertilizer and nitrogen compound manufacturing business, etc. in the building listed in the attached Table in the above village (hereinafter “instant factory”).

If the defendant (hereinafter referred to as "B") and the plaintiff (hereinafter referred to as "A") neglect to perform the removal of the oil factory that is promised to be promised to the residents at the village hall on August 9, 2013, they recognize that there is no objection even if compulsory execution is conducted immediately.

Article 1 Article 1 The period for the suspension of the removal of Gap and Eul factory shall be as follows:

From August 9, 2013 to April 9, 2015

(20 months) Section 2. Section B shall hold a residents' briefing session at the community center once a year in order to raise corporate social ethics and reliability and to help residents understand the removal of the factory once a year during the 20-month period.

Article 3 Section B does not remove within 20 months of the commitment period, even if the representative of the resident files a report on the closure of B as a certificate of notarized act.

Article 4 Section B shall not leave chests after the removal of the factory, and shall ensure that various kinds of discharge and malodor are not generated in the village by completely treating wastes, waste water, environmental pollution and residues therein.

(B)

B. The Plaintiff and the Defendant discussed the environmental issues arising from the passage of truck, which brought food to the instant factory and the instant factory, for several years. On August 14, 2013, the Plaintiff and the Defendant prepared a performance memorandum as follows (hereinafter “instant performance memorandum”) and received certification of the above performance memorandum as Korea-style Law Firm 1257, a notary public, Korea-style Law Firm 2013.

C. On April 9, 2015, the Plaintiff, even after April 9, 2015, did not remove the instant factory.

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