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(영문) 의정부지방법원 2019.01.11 2018가합53429
손해배상(환)
Text

1. The part of the instant lawsuit’s maintenance claim and indirect compulsory performance claim shall be dismissed.

2. The defendant is each of the plaintiffs 1,000.

Reasons

1. Basic facts

A. The Defendant is a waste disposal business entity that operates waste disposal facilities that make food waste from M and N as composts (hereinafter “instant plant”).

The Plaintiffs are those who reside or operate a business in a place less than 50m to 300m away from the factory of this case.

B. Upon the continuous receipt of civil petitions that malodor occurs from neighboring residents of the factory of this case, the Yangju City Mayor collected samples from the factory emission outlet of this case on September 25, 2017 and inspected multiple malodors. As a result, it was found that the dilution drain (referring to the largest dilution discharge until the dilution was made in the air without smelling samples) exceeds 500,000, which is the permissible emission level in the emission outlet of the emission outlet of this case as stipulated in subparagraph 1 of attached Table 3 of the Enforcement Rule of the Malodor Prevention Act (No. 1,00 (former 2, 200) or 1,000 (former 1, 200) as a result of the complex malodor inspection conducted on September 26, 2017 at the nearby village of the factory of this case, the dilution discharge level exceeds the permissible emission level of 10,1000,000 10,000 10,710.210

On December 13, 2017, the Yangju Mayor made a disposition of suspension of business for one month (hereinafter “instant disposition”) on the ground that the Defendant discharges malodor exceeding the permissible emission levels set forth in the Enforcement Rule of the Malodor Prevention Act.

3) The Defendant filed an administrative litigation seeking the revocation of the instant disposition with the District Court 2018Guhap12706. On April 12, 2018, the said court rendered a judgment dismissing the Defendant’s claim, and the said judgment became final and conclusive around that time. [The facts that there was no dispute over the grounds for recognition, A, 3, 10, and 16 evidence, and B.

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