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(영문) 울산지방법원 2016.10.26 2016가단53434
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. The plaintiff's assertion

A. Around May 22, 2009, Defendant B, who is an interim waste disposal business entity C, filed an application for formulation of waste disposal facilities with Ulsan-gun D, E 29,078 square meters.

B. Defendant Ulsan-gun, Ulsan Metropolitan City (hereinafter “Defendant Ulsan-gun”) determined an urban management plan (waste disposal facilities) despite the occurrence of civil petitions, such as noise, dust, and smoke, the destruction of roads caused by vehicle traffic and aggregate transport vehicles, and the existence of risk of traffic accidents.

C. Defendant B was unable to engage in a normal life due to noise, dust, smoke, etc. generated while constructing a new waste disposal facility by Defendant B with the permission for construction of the waste disposal facility from Defendant Ulsan-gun, and the Plaintiff’s operation of F, which was owned in the vicinity of the said construction site, was impossible, and it was impossible to produce and cultivate foodstuffs around the inspection site.

The building related to the Defendant B's waste disposal company was not a waste recycling facility, but a building permit was also granted for the use of the first class neighborhood living facilities and second class neighborhood living facilities.

E. Defendant B is jointly and severally liable to pay KRW 21,00,000 out of material and mental damages to the Plaintiff, inasmuch as the direct party to a tort in the process of the construction of the factory, and the Defendant Ulju-gun neglected the management and supervision responsibility in the process of granting and operating waste disposal facilities operated by Defendant B.

2. Determination

A. 1) Since August 20, 2003, the Plaintiff owned the G site and building (F) in Ulsan-gun, Ulsan-gun. (2) Defendant B received an application for the formulation of an urban management plan as a plan for the operation of waste disposal facilities from Defendant B around May 22, 2009 to Ulsan-gun, as a plan for the operation of waste disposal facilities from D and E forest land 29,078 square meters.

3) On February 2, 2012, the head of the Ulsan-si publicly announced the designation and implementation plan of the urban planning facility (water treatment facilities, roads) business operator on February 2, 2012. (4) Defendant B (around October 8, 2013) the relocation of the place of business, the treatment capacity and the change of the business target wastes with respect to the existing waste treatment facilities.

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