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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is a corporation with the purpose of collecting, transporting, intermediate, and final disposal of industrial wastes; the Plaintiff’s decision to conduct a waste disposal business (hereinafter “instant waste disposal business”) in the area of 96,992 square meters of forest C, Ulsan-gun, Ulsan-gun, Ulsan-gun (hereinafter “instant land”); and obtained the Defendant’s approval to use the instant land on March 20, 1995.
B. On June 30, 1995, the Plaintiff received an appropriate notification from the Mayor/Do Governor on general waste disposal business with respect to 54,584 square meters of six parcels of land including part of the above land. On July 11, 1996, the Plaintiff was engaged in the business upon obtaining approval for the location of waste disposal facilities for 35,237 square meters of the above land and the aggregate of 57,313 square meters of the above four parcels of land. However, the Plaintiff did not implement the above waste disposal business for a long time due to the civil petition filed by neighboring residents of the above land.
C. The Plaintiff revised the plan to conduct the charnel facility business on the instant land and neighboring land (hereinafter “the instant charnel facility business”), and on September 23, 2004 and March 25, 2005, the Defendant drafted a written consent with the purport that he consented to the Plaintiff to install the charnel facility on the said land.
Since then, D (hereinafter “the Foundation”) decided to carry out the above aggregate facility business, and on May 16, 2005, the Defendant issued an agreement to sell the above land in KRW 30,000 to E, who is the property contributor of the Foundation, and made it possible for E, to contribute it to the said Foundation.
E. The above foundation established the foundation from the Ulsan Metropolitan City Mayor on July 2, 2007, and received a decision on urban planning facilities for the charnel facilities project near the land in this case at that time. The land in this case is not the first project scheduled site of the above foundation, but the second project scheduled site.