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(영문) 청주지방법원 2019.10.18 2018가단35448
청구이의
Text

1. The Defendant’s Cheongju District Court 2018 Cheongju District Court 2018 Cheongju District Court 49298 decision on recommendations for the payment of subsidies.

Reasons

1. Basic facts

A. The Cheongju Mayor shall be the Act on Promotion of Installation of Waste Disposal Facilities and Assistance, etc. to their Environs (hereinafter “Waste Facilities Promotion Act”).

Provisions related to this case shall be as specified in the relevant Acts and subordinate statutes.

) Pursuant to the Act, the facilities D (hereinafter referred to as the “D”) were installed in the Young-gu Seouldong-gu, Chungcheongnam-gu, Chungcheongnam-gu.

B. Pursuant to Article 17 of the Waste Facilities Promotion Act, the Plaintiff enacted the Rules (hereinafter “Rules”) on August 18, 2014, which was established as an organization established for the purpose of preserving the rights of residents within the sphere of indirect impact from among the affected neighboring areas where the installation and operation of the instant D facilities may be affected environmentally. The provisions related to the instant case are the same as the attached Rules).

C. The Defendant’s wife E constructed two detached houses (one story 106.44 square meters, two stories 75.24 square meters, hereinafter “one house”) of reinforced concrete structure, a reinforced concrete structure, a reinforced concrete structure, and completed registration of ownership transfer on August 1, 2007.

The defendant and E, on August 7, 2007, completed a move-in report for resident registration by designating the defendant as the head of the household and E as the household members at the above domicile, and around that time, they also resided in the first house and operated a marital community.

E. On June 18, 2014, the Defendant obtained a building permit from the competent authority to construct a house of 53.55 square meters on the land of Cheongju-gu G on the Cheongju-gu G ground. On June 20, 2014, the Defendant commenced construction works on the said house, and obtained approval for use from the competent authority on September 3, 2014, and completed registration of ownership preservation on November 7, 2014, and extended the said housing area to 93.29 square meters on May 30, 2016.

(F) On August 4, 2014, the Defendant completed a move-in report for resident registration at the second house’s domicile, and accordingly E was changed to the householder of the household at the first house’s domicile.

The defendant, on June 5, 2018, made a move-in report to the domicile of the first house on June 5, 2018, but again made a move-in report to the domicile of the second house on June 11, 2018.

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