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(영문) 전주지방법원정읍지원 2020.12.16 2019가합2594
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. B (1) around November 192, 192, including the process of changing the owner of the instant livestock shed and the alteration report of the instant livestock shed, etc. (1) B) constructed one Dong, 1 livestock shed, 3 livestock shed, 1 livestock shed, 1 livestock shed, 1 livestock shed, and 1 livestock shed on each of the lands listed in the Si, Eup, D, and E, and completed a report as a livestock excreta discharge facility (F) on November 25, 193 to the Defendant as a livestock excreta discharge facility (hereinafter “the instant livestock shed”).

(2) Around July 2006, G purchased the instant livestock shed and its site through a voluntary auction procedure, and on November 17, 2015, G filed a report on the alteration of livestock excreta discharge facilities and a report on the alteration of livestock excreta discharge facilities to the Defendant on November 26, 2015. The Defendant accepted the report on the alteration of livestock excreta discharge facilities on November 26, 2015 and the report on the construction on December 29, 2015, respectively.

(A) On January 11, 2016, the Plaintiff purchased the instant building site from G on January 11, 2016 (hereinafter “instant report”). On August 3, 2016, the Plaintiff received a transfer of the right related to the reconstruction of the instant livestock shed, including the instant report on construction, from G. (4) on August 4, 2016, the Plaintiff filed a report on the change of the owner of the instant livestock shed and the contractor to the Plaintiff, and the Defendant accepted the said report on August 14, 2016.

B. On December 8, 2016, the Defendant issued an order to suspend the construction of the instant livestock shed to the Plaintiff on December 8, 2016, and ① the collective demonstration, civil petition filing, and on-site audit are continuously being conducted because the study environment of the neighboring three schools is substantially harmed due to serious malodor caused by the construction of the instant livestock shed, and serious damage to the living environment of the neighboring village residents. ② In the event of the progress of construction, physical conflict between the local residents and the project owner is likely to occur, the period of the suspension of construction was set from December 7, 2016 to the completion of civil petition settlement. (2) The Plaintiff issued the order to suspend the construction of the instant livestock shed.

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