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(영문) 서울중앙지방법원 2018.07.20 2015가합541848
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 September 22, 2009, the Plaintiff, a company developing and manufacturing concrete mixtures, obtained relevant authorization and permission, such as designation of a project operator and authorization of an implementation plan, etc. from the Yongsan-si mayor around September 15, 2014, in order to purchase land in the construction site in Yeongdeungpo-gu, Young-si (hereinafter “instant construction site”) and to newly build a research institute on the ground (hereinafter “instant research institute”).

B. The construction site of this case is about 100 meters away from D elementary schools, E apartments (hereinafter “the apartment of this case”), and the defendant is a resident of the apartment of this case.

C. On January 2015, the Plaintiff started the new construction of the instant research institute (hereinafter “instant construction”). On February 27, 2015, the residents of the instant apartment including the Defendant, etc., against the Plaintiff on the ground that “the Plaintiff used toxic chemicals and saccine chemical substances, and flow out wastewater generated in the process of developing concrete mixtures into neighboring sites or water supply and drainage systems, and in the process of construction works, the wastewater generated in the process of developing concrete mixtures flows out into neighboring sites or water supply and drainage systems,” the Plaintiff filed an application for provisional disposition on prohibition of construction (2015Kahap1037). However, on May 14, 2015, the decision of dismissal was rendered on the ground that there was insufficient vindication as to the need for preserving the right to be preserved and the need for preserving the right to be preserved.

On June 15, 2015, the Yongsan-do Mayor requested the Plaintiff to submit explanatory materials to the effect that the Plaintiff submitted false documents at the time of determining urban planning facilities and approving implementation plans, and that the construction was suspended until the date of conclusion as to the above contents. On August 19, 2015, on the grounds of the act of cutting down in the original preservation green belt in its original form.

E. On April 1, 2016, the Yongsan-do Mayor issued a disposition revoking the construction permit on the ground that “the Plaintiff granted the conditions of non-discharge of wastewater at the time of determining urban planning facilities and approving implementation plans, but the wastewater was included in accordance with the Plaintiff’s management plan.”

2.3.

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