1. The instant lawsuit shall be dismissed.

2. Of the costs of lawsuit, the portion subsidized shall be borne respectively, and the remainder;

1. Basic facts

A. On September 16, 2005, the Defendant decided to install “C incineration facilities” (hereinafter “instant incineration facilities”), which are waste disposal facilities, in the front city of Jeonju-si D, and determined and publicly announced an area within 300 meters from the boundary line of the instant incineration facilities as the affected neighboring areas of the instant incineration facilities, pursuant to Article 17 of the Act on Promotion of Installation of Waste Disposal Facilities and Assistance, etc. to their Environs (hereinafter “Waste Facilities Promotion Act”).

(b) The waste facilities promotion Acts and subordinate statutes shall prescribe that an agency installing waste disposal facilities shall support residents in the affected neighboring areas by creating a residents support fund;

Accordingly, the defendant entered into an agreement with the defendant's supplementary intervenor on December 26, 2006, and paid KRW 600 million to the defendant's supplementary intervenor every year since 2008.

The defendant assistant intervenor has distributed KRW 500 million among the resident support fund that the defendant assistant intervenor received to the members of the defendant assistant intervenor.

C. On the other hand, from April 18, 2008, the Plaintiff has been living in the area affected by the incineration facilities of this case, the area affected by the neighboring area of the incineration facilities of this case, Jeonsi-gu E.

However, Article 2(2) of the former Enforcement Rule of the Ordinance on the Promotion and Operation of Waste Disposal Facilities and Assistance, etc. to their Environs (amended by Rule 2102, Jul. 15, 2019; hereinafter “Enforcement Rule of the former Si Ordinance”) limits the scope of residents of the affected neighboring areas to “the owner of a building who has resided in the relevant area for at least two years at the time of announcement of the plan for installation of waste disposal facilities” or “the tenants who have resided in the relevant area for at least three years at the time of announcement of the plan for installation of waste disposal facilities,” and the Plaintiff failed

According to the Act on the Promotion of Waste Facilities, the defendant began to reside in the affected neighboring area, which is a beneficiary of the Resident Support Fund.