206Ra68 Disposition of Suspension or suspension of construction

-(55000-10000)

Busan Geum-gu 80 Dong220-3

소송대리인 변호사변ㅇㅇ

1. The Korea Rail Network Authority;

Daejeon O0 Dong-dong 452-3

대표자 이사장 정ㅇㅇ

2. Treatment and construction of stock companies;

Seoul Jung-gu 80-5 541

-O Representative Director

피신청인들소송대리인 법무법인 ㅇㅇ

[Defendant-Appellee] Plaintiff

Busan District Court Order 2005Kahap276 Dated February 17, 2006

June 30, 2006

1. The appeal by the applicant (appointed party) shall be dismissed;

2. Costs of appeal shall be borne by the applicant (appointed party).

The decision of the first instance shall be revoked. The respondent shall not perform all construction works, such as gold tunnel construction works implemented within 14 sections from among the sections of the Busan High-speed Railroad, pit construction works for this purpose, and the installation of other structures incidental thereto. The respondent shall not establish gold tunnel construction works and pit works in gold settlement. The execution officer shall publish the purport of the above order in an appropriate manner. If the respondent performs construction works in violation of the above order, the execution officer may take appropriate measures to remove the order.

1. Basic facts

According to the records and the purport of the whole examination, the following facts are substantiated.

A. The applicant (designated parties, hereinafter the applicant) and the designated parties reside in the so-called "Usongdong located in the Geumdong in Busan Metropolitan City and engage in the business of restaurant, etc. The respondent is the contractor of the 14 Section Construction Works among the sections of the high-speed rail, which are established for construction work of the high-speed rail (this sub-high-speed rail) after completing the registration of establishment on December 31, 2003 pursuant to the Framework Act on Railroad Industry Development and the Korea High-Speed Rail Construction Authority Act and the Korea High-Speed Construction Authority (the Korea High-Speed Construction Authority established on March 9, 192 pursuant to the Korea High-Speed Construction Authority Act for the high-speed rail construction project) to comprehensively succeed to the assets and rights of the high-speed rail (hereinafter referred to as the "Korea High-Speed Construction Authority") (hereinafter referred to as the "Korea High-Speed Construction Authority") and the respondent construction is a company established for construction work, such as civil engineering and construction.

B. Around May 15, 1989, the government established a construction policy for high-speed railroads, and around June 15, 1990, the project plan and Seoul - Daejeon - Daejeon - Daegu - the basic route (total extension: 409km) passing through Busan, and on March 9, 192, the Korea Rail Network Authority was established. On June 30, 1989, four sections for the test line between Daejeon - Daejeon.

C. On April 192, 192, the Korea Rail Network Authority requested the Minister of Environment (the present Ministry of Environment) to hold consultation pursuant to the former Environmental Impact Assessment Act (amended by Act No. 5453 of Dec. 13, 1997), after examining the above environmental impact assessment and requesting supplementation of the above environmental impact assessment on Oct. 22, 1993, the Minister of Environment finally notified the Minister of Information and Communication of the contents of consultation under the above Act on Nov. 22, 1994 through the prescribed procedures.

D. After that, the Korea Rail Network Authority had followed the procedure such as selecting a vehicle type to the TGV of the French Alom, and applied for approval of the implementation plan for the instant route construction project to the Minister of Construction and Transportation around November 1996. On March 18, 1997, the Minister of Construction and Transportation approved the implementation plan for the high-speed rail construction project on the instant route (the location of the project at the time of the project is from the Seoyangyang-gu, Busan-gu, Busan-do, and the duration of the project is from the approval date until December 2001). On the instant route, the construction of the original efficacy tunnel ( approximately 13.5 km in length) leading to the astronomical acid and the gold tunnel (Article 12.3 km in length) leading to the settlement of accounts.

E. On July 2, 1998, the Korea Rail Network Authority divided the high-speed rail construction into two stages, and changed the construction period for the first stage Seoul - Daegu - Busan - to complete each construction in 2004, and on August 6, 201 of the same year, publicly notified the amendment of the basic plan (as such, the Minister of Construction and Transportation, on April 26, 2001, changed the implementation period from December 2001 to December 201, to the Korea Rail Network Authority with the alteration of the implementation plan for the route of this case from the approval period of the implementation plan stated in the preceding paragraph, to the end of December 201). After that, on November 13, 200 to the end of 57.2km between Chungcheongnam-si and Chungcheongnam-gun - Daegu 1, 204 to the end of the test section of the high-speed rail between Chungcheongnam-si and the end of April 1, 2004.

F. However, since June 2001, in terms of the issue of environmental destruction, stability in the tunnel itself, economic feasibility of the construction of tunnels, etc., the voice demanding the suspension of construction of the tunnels and the full reexamination of the instant routes was raised, and on March 7, 2003, the President directed the suspension of construction of the instant routes and the reexamination of the routes.

G. Accordingly, on July 28, 2003, the review report submitted by the "Re-Examination Committee of Alternative Routes and Existing Routes" (hereinafter referred to as the "Review Report") at the "Re-Examination Committee of the Prime Minister" established under the jurisdiction of the Prime Minister (hereinafter referred to as the "Re-Examination Committee"), and immediately after analyzing the review report submitted by the Re-Examination Committee through the media, the government stated that seven of the 12 expert members supported the existing routes, and then on September 19 of the same year, the government decided to construct the high-speed rail along the existing routes among the existing routes and two alternative routes.

H. On October 24, 2003, Ulsan District Court 2003Kahap959 decided Oct. 24, 2003, the term "the sons and sons of the sons of the sons of the sons of the sons of the sons of the sons of the sons of the sons of the sons of the sons of the sons of the sons of the sons of the sons of the sons of the sons of the sons of the sons of the sons of the sons of the sons of the Republic of Korea. On November 3, 201, the applicant of the case applied for a provisional disposition seeking the suspension of the sons of the

I. Meanwhile, on April 8, 2004, the Ulsan District Court rejected the application of the sandandandandandandandander of the sandander of the sander of the sander of the sander of the sandander of the sander of the sandander of the sander of the sander of the sander of the sandander of the sandander of the sandander of the sandandander of the sandander of the sandander of the sandander of the sandander of the sander of the Busan High Court, but all of the appeals filed on November 29, 2004 were dismissed. However, the above applicants re-appealed to the s

2. Applicant's assertion

The applicant asserts that ① because the above mountain village is not supplied with water supply facilities in Busan, there are 170 residents with 441 households and 1,200 residents with 441 households and 170 residents with the main development of nearby underground water, and the gold tunnel construction is implemented through the above village, the applicant's residential life and business are threatened with the outflow of underground water and the designated persons with the use of underground water as water for living, and ② the construction of the sand tunnel to store 37,000 meters near the place of business in Busan, Seo-gu, Busan, Seocheon-dong, Busan, which is the place of business, around the place of business, the ecosystem of trees and rivers in the neighboring area is destroyed, and the construction of the sand tunnel will cause enormous losses to their operation.

(a) As to the need for satisfactory provisional disposition and conservation;

As a provisional disposition to determine a temporary position, the provisional disposition in this case, which is sought by the petitioner, is an urgent and provisional disposition which is allowed only when the holder of the right of the right of the provisional disposition, or when there is any other ties, in order to avoid present loss or imminent danger between the parties to the lawsuit on the merits. Whether such provisional disposition is necessary or not shall be determined jointly with the court's discretion, taking into account the interests and interests relationship between the parties depending on whether the application for provisional disposition is accepted or not, the anticipated future failure in the lawsuit on the merits, and other circumstances. Furthermore, in the case of a so-called satisfactory provisional disposition which imposes an omission obligation such as the prohibition of construction, etc. of the same contents as the order issued by the court on the debtor on the merits, more careful and more careful decision shall be made in determining whether there is a need to preserve the provisional disposition (see, e.g., Supreme Court Decision 92Da40563, Feb. 12, 193).

In particular, more careful approach is required to determine the necessity of preserving, considering the public necessity of the gold tunnel construction as a large-scale national government-invested project as well as the public necessity of the gold tunnel construction.

B. Leakage of groundwater

According to the records, it is difficult to analyze the current construction process of water-related excavation by directly linking the scheduled route of the water-related tunnels, and considering the current construction process of water-related excavation of high-water villages from Busan to 2-dong, high-speed rail tunnels, and the high-speed railing routes passing through the settlement of accounts of groundwater are likely to be directly leaked. On the other hand, it is very rare that the water-related strata of the basin will be active sub-soil, and it is difficult to predict the current construction process of underground water-related excavation to prevent the flow of underground water-related tunnels to the maximum extent possible. On the other hand, it is difficult to grasp the current construction process of underground water-related excavation and excavation of underground water-related tunnels from the point of time to the end of time to the end of time to the end of the excavation of underground water-related tunnels. On the other hand, it is difficult to grasp the current construction process of underground water-related excavation and excavation of underground water-related tunnels from the point of time to the end of time to the end of time to the end.

다만, 선정자 김○○가 운영하는 부산 금정구 금성동 ○○○ 소재 음식점 ㅇㅇ 집' 의 지하수 관정 깊이는 250m에 달하여 지하 약 180m의 깊이에 위치하는 금정터널 공사로 인하여 지하수 사용이 중단되는 등 일부 지하수 사용에 차질이 발생할 가능성 이 있으나, 피신청인들이 대체 관정을 시공하는 등의 방법으로 대응책을 마련하고 있 어 그럼에도 불구하고 위 선정자의 주거생활과 영업에 위협을 준다고 보기에는 소명자 료가 부족하다.

On the other hand, the applicant's side asserts that the excavation of a gold tunnel is expected to occur when he/she excavates a gold tunnel, even if the valley grain in the vicinity of the shooting tunnel and the underground water in the neighboring apartment of the YUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUU, which is 13-4 construction sections in the current construction site. However, there is also a lack of evidence that the rapid decrease in the valley grain

Therefore, it is difficult to say that there is a high probability that groundwater is leaked due to the construction of the gold tunnel, and that there is a direct infringement on the residential life or business of the applicant.

C. The issue of the installation of a sand shed

In general, it is argued by the applicant that neighboring areas are affected by noise, dust, etc. caused by such noise, dust, etc., and that damage caused by soil erosion is expected to occur if neglected, among the land scheduled for the above private ground, it is difficult to conclude that the area occupied by forest land is about 36% and it is difficult to conclude that the above land among the land scheduled for the above private ground is to destroy the ecosystem of neighboring valley area. Meanwhile, the respondent is equipped with a shooting-style protective device such as a wall with a height of about 6-7 meters (large height of about 20 meters) at the sand site at the sand level, and a plan is prepared to prevent the contamination of valleys by preventing the flow of earth and sand from flowing into the river, and ultimately, it is difficult to see that the applicant's plan to create the land for the private ground or green ground as the site for the land for the private ground upon completion of the excavation of the gold tunnel, and that it is difficult to see that the applicant's construction of the above land or green ground is likely to be directly infringed from the project.

4. Conclusion

Therefore, the application for provisional disposition of this case shall be dismissed as it is without merit, and the decision of the court of first instance shall be just and the appeal of the applicant is dismissed as it is without merit. It is so decided as per Disposition.

on June 30, 2006

Maleman (Presiding Judge)

English in English

Woo-man