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(영문) 전주지방법원 2015.05.27 2014나2955
건물등철거
Text

1. Revocation of a judgment of the first instance;

2. The Defendants remove the buildings listed in the separate sheet to the Plaintiffs.

3...

Reasons

1. Facts of recognition;

A. The Plaintiffs are current or former residents of Dong in Jung-Eup, and the Defendant A Co., Ltd. (hereinafter “Defendant A”) has its head office in Jung-Eup as a company established on May 7, 2007 for the purpose of the business of manufacturing and selling asphalt and ready-mixed.

B. Around 2007, the D residents, including the plaintiffs, filed against the construction of the AD factory due to the defective environmental pollution and inconvenience of residents, etc., against the construction of the AD factory. In response to the suspension of construction and provisional disposition, administrative litigation, etc.

C. On November 9, 2007, the above residents reached an agreement with Defendant A (H at the time of representative director) and Defendant A as follows (hereinafter “instant agreement”). The above residents voluntarily withdrawn various lawsuits against Defendant A.

1. Eul (F village residents and AH village residents) shall agree with the entire village residents in the operation of the factory at the same time with the receipt of KRW 100,000 for the establishment of the database factory by Defendant A and shall not raise any objection thereafter.

2. A (Defendant A and I) shall use the access road without using the existing road, but there is no objection to the use of a dump truck by creating the access road by side;

3.A does not install and manufacture ready-mixeds.

4. If vibration, noise, dust, smell, etc. exceeds the existing environmental standards set forth, Gap shall be responsible for any measure and assume civil and criminal responsibilities.

5. Eul withdraws simultaneously with payment of KRW 100 million to the Jeonju District Court 2007Kahap142 case brought against Gap and to the Jeonju District Court 2007Guhap2132 case.

6.In the event that a violation of the terms and conditions of this Agreement is made after preparing this Agreement, Eul shall pay to Gap the double of the amount received as the agreed amount.

Defendant B (hereinafter “Defendant B”) is the head office of the Dong-Eup on March 10, 2010.

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