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(영문) 서울고등법원(춘천) 2016.09.07 2015나2473
구상금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

The court's explanation of this case is identical to the reasons for the judgment of the court of first instance except for the following additional parts, thereby citing this case by the main sentence of Article 420 of the Civil Procedure Act.

The plaintiff's assertion that the plaintiff's summary of the plaintiff's assertion was in the trial, and it was judged that all of the facilities, such as water intake, water intake, water tunnels, power plants, etc., among the agencies affiliated with the defendant, are the same place of business, and thus the construction project of the power plant of this case constitutes the subject of prior environmental review, the plaintiff (red red Gun) and the Hongcheon National Forest Management Office should immediately request necessary measures, such as the suspension of construction. However, the head of the Hongcheon National Forest Management Office requested the suspension of construction of the water tunnels among the power plant construction projects of this case to the head of the Hongcheon National Forest Management Office around January 4, 2006. The head of the original regional environmental office requested the suspension of construction of the water tunnels among the power plant construction projects of this case. The defendant is liable for the expanded damages due to the

Facts of recognition

On November 30, 2005, the head of the Hongcheon Regional Environment Office requested the Plaintiff (the head of Hongcheon-gun) to suspend construction works of the instant power plant. On December 1, 2005, the head of the Hongcheon National Forest Administration sent a warning stating the above request for suspension of construction works, and did not separately request the suspension of construction works.

This seems to be due to the fact that the head of Hongcheon National Forest Administration, at the time of permission for mountainous district conversion, could take measures to suspend construction works on the ground that the head of Hongcheon National Forest Administration did not undergo the prior examination of environmental feasibility because the permitted area does not reach the area subject to prior consultation under the Framework Act on Environmental Policy.

After that, the head of Hongcheon National Forest Administration's question about the interpretation of the phrases of the known language, and the head of the original regional environmental office on December 2, 2015.

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