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(영문) 서울고등법원 2015.10.30 2014나2021463
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the money ordered to be paid below shall be revoked.

Reasons

1. Basic facts

A. (1) The Plaintiff’s relocation promotion of the Plaintiff’s place of business was conducted on June 9, 1998 with a construction waste interim disposal business license granted on the construction waste interim disposal business license, and the Plaintiff is a plot of land outside 896 and four lots of land (hereinafter “existing place of business”).

(2) When the area surrounding the instant existing place of business was developed as a factory site, civil engineering and construction business has been engaged in construction waste interim disposal business, civil engineering and construction business, etc., civil petitions were filed due to noise, vibration, dust, etc. generated in the Plaintiff’s place of business. Accordingly, the Plaintiff was promoting the relocation of the existing place of business into the land 4,357 square meters in Ansan-si.

3) From October 25, 201 to November 2, 2011, the Plaintiff purchased the instant relocation scheduled site under the condition that the Plaintiff could not obtain permission for the relocation of the site from B to November 2, 2011. On the same day, the Plaintiff purchased the instant relocation scheduled site, and on the same day, requested the Defendant for consultation on the relocation of the instant relocated site under the title “(i.e., the instant planned relocation site) to move the site to the instant planned site for relocation due to the filing of civil petitions around the instant existing site. (b) The Defendant submitted a document to the Plaintiff on November 22, 201, stating that “the response following the relocation of the construction waste disposal business site before the construction waste disposal business site,” and submitted a written notification to the Defendant to the effect that it would be difficult for the Defendant to take measures such as notifying the Plaintiff of the construction plan to the extent that it would cause damage to the Plaintiff’s vehicle prior to the construction of the instant planned site (hereinafter “the instant scheduled site for relocation”).

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