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(영문) 대전지방법원천안지원 2015.08.28 2014가합102640
손해배상(기)
Text

1. Defendant C’s KRW 10,000,000 and the Plaintiff’s annual rate of KRW 5% from October 3, 2014 to August 28, 2015.

Reasons

1. Basic facts

A. 1) The Plaintiff is a corporation that runs the land aggregate extraction business, etc., and on November 23, 2012, the Plaintiff is a 18 parcel, including N, etc. (hereinafter “instant project site”).

2) A factory for the purpose of manufacturing non-metallic minerals (hereinafter referred to as “instant factory”)

(2) A small and medium enterprise start-up business plan (hereinafter referred to as “instant business plan”) with the content of new construction.

) Application for approval (hereinafter “instant application”)

(2) At the time of the instant application, Defendant B, the chairperson of the Emergency Countermeasure Committee, Defendant C, and F were the vice-chairperson of the Emergency Countermeasure Committee, Defendant D was in charge of general affairs of the Emergency Countermeasure Committee, Defendant E, G, H, I, and J were in charge of members of the Emergency Countermeasure Committee.

(B) Defendant C is the landowner at the entrance side of the access road to the instant project site, who is operating a restaurant at the same time, and the remaining eight Defendants were the occupants of the instant apartment. Defendant K, L, P, and Defendant M were Q. (B) around December 13, 2012. The Plaintiff is the O apartment, an apartment near the instant project site, (hereinafter “instant apartment”).

(1) The council of occupants’ representatives of the instant apartment housing (hereinafter “council of occupants’ representatives on December 13, 2012”) held a briefing session against the residents on the instant project plan, and on the same day.

(A) On December 14, 2012, following a resolution passed by the vote for and against the Plaintiff, the agreement is reached with the Plaintiff (No. 4, hereinafter “instant agreement”) with the following content:

A. Before 200:

At the time of formulating the instant agreement, Defendant B attended the council of occupants' representatives on December 13, 2012 as the president of the council of occupants' representatives of the instant apartment, and signed the minutes.

Defendant E is one of the following representatives of the next Dong, and Defendant D is one of the village heads, and the above council of occupants' representatives indicates the real estate agreement to the above council of occupants' representatives: The above council of occupants' representatives is agreed to establish factories on the above real estate of 11 parcels, south-gu, Dong-gu, Seoul.

1. The legal provision of noise due to factory operation.

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