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(영문) 대전지방법원천안지원 2015.05.22 2014가합103827
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On November 23, 2012, the Plaintiff, a corporation engaged in the business of collecting and selling land aggregate and the business of producing non-metallic minerals, applied for approval of a small and medium enterprise establishment business plan (hereinafter “instant business plan”) with the aim of constructing a factory for manufacturing non-metallic minerals crushing on the north-dong, Dong-dong, Dong-gu, Seoul Special Metropolitan City (hereinafter “instant application site”) on non-metallic-si, Yan-si and 18 parcels (hereinafter “instant factory”).

B. The astronomical Mayor initially presented the opinion that “the review opinion of the working department is reflected in all the opinions of the working department, there is no conflict with each other, and there is minor concern about environmental pollution in the surrounding area of the factory, and it is believed that the deliberation and resolution should be made as proposed to ensure smooth corporate activities through the construction of the factory,” but finally, presented the opinion to the Urban Planning Committee by changing the opinion to the effect that “Although the major requirements, such as noise and wastewater (free) in accordance with the plan as a result of consultation with the working department and the related agency, the central apartment residents collectively file a civil petition and hold a opposing assembly to establish a factory over several occasions. It was adopted to prevent a factory that is likely to cause environmental pollution in the north-do area from moving into the residential environment, and it is anticipated that the residential environment damage of the residents of the central apartment would be anticipated, and thus, it is necessary to review the approval for the establishment of a factory.”

Grounds for rejection - In this area, civil petitions that wish to resolve noise, vibration, dust, waste water, etc. caused by factory location, and civil petitions that wish to resolve environmental damage caused by sewage, vibration, dust, waste water, etc., and - the adoption of opposing opinions on factory in accordance with the petition of the astronomical City Council (Industrial Construction Committee), etc., it is judged that the conditions of factory location are inappropriate.

Icheon-si.

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