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(영문) 수원지방법원 성남지원 2018.08.14 2016가합207368
손해배상(기)
Text

1. The Defendant’s KRW 160,482,508 as well as the Plaintiff’s annual amount of KRW 5% from December 15, 2016 to August 14, 2018.

Reasons

1. Basic facts

A. On February 16, 2012, Doyang Enterprise Co., Ltd. (hereinafter “Doyang Enterprise”) obtained a building permit from the Defendant to newly build an automobile-related facility (automobile sales and maintenance plant) on a 87 Miscellaneous-ro 1,640 square meters in Seongbuk-gu, Sung-si, Sung-si, Sung-si (hereinafter “instant land”). On April 20, 2012, the Plaintiff’s affiliate company purchased the instant land in KRW 10.143,200,00 from the Doyang Enterprise and succeeded to the owner’s position of the building, and subsequently obtained approval for the use of the Defendant’s building on April 24, 2013.

B. From June 2012, the residents of the Western Spoke located near the instant land filed a civil petition against the Defendant, since around June 2012, to oppose the registration of the small automobile maintenance business in the instant workplace on the grounds of infringement of the view right, traffic inconvenience, risks and environmental pollution caused by the discharge of various hazardous chemicals.

C. According to the Plaintiff’s neighboring apartment residents’ filing of a civil petition as above, the height of the building of the instant place of business was lower than 6.75 meters than the initial design, and the Plaintiff installed an air purification facility with approximately KRW 38 million additional costs in addition to the air pollutants emission prevention facilities by filtering and smoking, which had been installed in the previous place of business.

On October 14, 2013, the Plaintiff filed an application for registration of small automobile maintenance business with the Defendant on October 14, 2013 to operate a small automobile maintenance business with the instant land and the instant workplace.

E. On October 30, 2013, the Defendant issued a disposition to return the above registration application to the Plaintiff pursuant to Article 53(4) of the Automobile Management Act, on the ground that “the residents in the neighborhood of the instant place of business are likely to cause hazardous substances in the course of car coloring operations, and cannot register small-sized automobile maintenance business without a complete resolution of civil petitions.”

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