1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On December 23, 199, the Defendant’s representative B market published the result of the selection of the location of the waste modernization disposal site (hereinafter “the instant waste disposal facility”) as follows (hereinafter “instant disposition”).

The name of the business: The area of the D daily site in C: the area of the 400,000 square meters: The area and the main facilities of the household wastes discharged from the Si at the time of B: the landfill facility, the facilities excluding the excellent, the three-wheeled facilities, the three-wheeled facilities, the facilities for recycling facilities, the water collection and drainage facilities, the management facilities, etc.

B. The Plaintiff is residing in F and owns G orchard 6,294 square meters, etc. The distance between the Plaintiff’s residence and orchard and the instant waste disposal facilities is about 500 meters.

C. The above A.

After the disposition of this subsection, the defendant has installed and operated the waste disposal facility of this case at the same site.

The statutes related to the installation of the instant waste disposal facility are as shown in the attached Form.

【Ground of recognition】 The fact that there has been no dispute, Gap evidence 2, 3, Eul evidence 12 (including branch numbers, if any; hereinafter the same shall apply), the purport of all pleadings and arguments.

2. Grounds for the plaintiff's assertion

A. In installing the instant waste disposal facilities, the Defendant did not undergo such procedures despite the fact that it had undergone procedures such as the determination and public announcement of location selection plans, the establishment of a site selection committee in which the representative of residents participate, the determination and public announcement of adjacent areas, the organization of the residents support consultative body, consultation, etc. under the former Act on Promotion of Installation of Waste Disposal Facilities and Assistance, etc. to their Environs (amended by Act No. 7169 of Feb. 9, 2004; hereinafter “former Waste Facilities Promotion Act”), and the former Enforcement Decree of the Waste Facilities Promotion Act (amended by Presidential Decree No. 18514 of Aug. 10, 2004; hereinafter “former Enforcement Decree of the Waste Facilities Promotion Act”).

Therefore, the installation of the instant waste disposal facility is unlawful.

As a result,