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(영문) 광주지방법원 순천지원 2021.03.18 2019가단6816
손해배상
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. On March 21, 2016, the Plaintiff filed an application for approval of a small and medium enterprise start-up business plan with a small and medium enterprise to establish a factory for manufacturing fertilizers and nitrogen compounds (hereinafter “factory in this case”) with the inn city C and D (hereinafter “instant site”) with the inn city mayor, and the inn city notified the Plaintiff of the approval of the start-up business plan on April 12, 2016.

B. On April 26, 2016, the Plaintiff completed the registration of ownership transfer on the instant site.

(c)

On May 30, 2016, the Plaintiff and the Defendant agreed to cooperate as much as possible with the Defendant in establishing the instant factory for the convenience of the construction and the operating company, and the Plaintiff concluded an agreement on the payment of the development fund of KRW 5 million (hereinafter “the instant agreement”) between 2017 and 10 years.

(d)

On the other hand, 59 residents of the defendant's village submitted a signature opposing the construction of the factory of this case to the plaintiff at all times.

E. On May 11, 2016, the Plaintiff filed an application for permission to engage in development activities (in the form and quality change of land) for the construction of a factory on the instant site with the mayor of the leisure city. On July 25, 2016, the Plaintiff filed an application for permission to engage in development activities (in the form and quality change of land) for the construction of a factory on the instant site. The leisure city market was expected to cause damage to residents and tourists, as a result of deliberation by the Development Division and Committee of the said occasional Urban Planning, the location inappropriate portion of the development of the said city plan and the deliberation by the Committee under the National Land Planning and Utilization Act, and rejected the application for permission to engage in development activities under the Building Act.

F. The Plaintiff filed a lawsuit on the revocation of a disposition rejecting a building permit application with the Gwangju District Court 2016 Guhap 13427, and was sentenced to a judgment against the Plaintiff on August 17, 2007.

Therefore, even though the Plaintiff appealed on August 9, 2018, taking into account the concerns about the occurrence of damage caused by bad behavior by the Gwangju High Court 2017Nu4757, the creation of the surrounding land use environment, and the continuous civil petition caused by malodor, etc., the Plaintiff abused or abused discretion or approved the business start-up business plan.

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