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(영문) 부산고등법원 2012.03.08 2011나4162
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

2. The plaintiff shall bear the total costs of the lawsuit due to the appeal.

purport, purport, and.

Reasons

1. The following facts do not conflict between the parties, or may be found in full view of the statements in Gap evidence Nos. 3, 5, 10, 14, 15, 17, 18, 19, 20, 25, 26, 27, 28, 30, 31, 34, 44, 56-1, 2, and 61-1, 2, and 62-1 through 9, Eul evidence Nos. 62-1, 7, 9, 10, 11, and 12, and evidence Nos. 62-1 through 7, 9, 10, 12, and evidence Nos. 1 of the first instance trial witness testimony.

The Plaintiff is a juristic person with the purpose of collecting, transporting, intermediate, and final disposal of industrial wastes, and the Plaintiff’s decision to conduct waste disposal business (hereinafter “instant waste disposal business”) in the area of 96,992 square meters of land owned by the Defendant in Ulsan-gun, Ulsan-gun, Ulsan-gun (hereinafter “instant land”). On March 20, 1995, the Plaintiff obtained the Defendant’s approval to use the instant land.

B. On June 30, 1995, the Plaintiff received an appropriate notice from the Do governor of Gyeongnam-do on the general waste disposal business with regard to 54,584 square meters of six parcels including the instant land, and obtained approval from the mayor of Ulsan-si on July 18, 1996 for the location of the instant land as a waste disposal facility (reclaimed site) site. On December 30, 1995, the Plaintiff obtained permission for development activities for a construction period of 3 years for the construction of the above waste disposal facility and carried out the project.

C. However, from around July 1995, the previous resident filed a counterclaim with the Ulsan-gun L and M residents in the vicinity of the land to be reclaimed for the disposal site. Accordingly, on June 8, 1998, the Plaintiff requested the Ulsan-si Metropolitan City Mayor not to file an application for a waste disposal business license within three years from the date of receiving the appropriate final notice of the general waste disposal business. The Ulsan-si Metropolitan City Mayor extended the Plaintiff’s application period on August 3, 1998 by six months until December 29, 198.

Even after that, the period of application for permission is extended because the construction has not been performed properly due to the disturbance of the residents.

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