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(영문) 창원지방법원 2019.06.27 2018가단121298
주위토지통행권 확인청구의 소
Text

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’s submission of the Plaintiff’s waste disposal business plan is a corporation established for the purpose of waste disposal business, etc. on November 18, 2002. The Plaintiff purchased an entrustment agreement with the Changwon-si E-gu, Changwon-si, Seoul, to take charge of the management and operation of the food waste disposal facilities from August 1, 2008 to December 31, 2019, and is managing and operating it. 2) On August 8, 2013, the Plaintiff purchased a 5,737 square meters (hereinafter “the instant land scheduled for the instant business”), F forest, 7,255 square meters (hereinafter “the instant land scheduled for the business”).

3) On November 5, 2013, the Plaintiff: (a) newly constructed food waste treatment facilities of 90 tons per day in the instant planned area for the instant project; (b) processed food waste; and (c) submitted a waste treatment business plan (comprehensive recycling business); (b) on December 23, 2013, the Changwon Mayor issued the Plaintiff a notice of inappropriateity with respect to the waste treatment business plan based on the violation of Article 25(2)4 of the Wastes Control Act, on the ground of the violation of Article 25(2)4 of the Wastes Control Act.

2) Around January 7, 2014, the Plaintiff filed a lawsuit seeking revocation of a waste treatment business plan against the original market. 3) The court rendered a judgment revoking the inappropriate disposition of the waste treatment business plan in the original market on the ground that the criteria established as the grounds for disposition on September 26, 2014 were objectively reasonable or unreasonable, and that such criteria were made without clarifying the criteria, and that they were abused or abused without presenting specific and reasonable grounds.

4) Although the original market appealed on this issue, the head of the Chang-si, who was sentenced to the dismissal of an appeal on July 1, 2015 (the Busan High Court 2014Nu11468). C., Chang-si, the head of the Chang-si, the head of the Chang-si, the head of the Chang-si, the head of the Chang-si, the head of the Chang-si, the head of the Gu, on November 8, 2016.

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