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(영문) 청주지방법원 2015.10.22 2015구합11306
공역매립장 및 소각장 지원금 청구
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendant is a local government to which the B-area metropolitan incineration facilities (hereinafter “instant incineration facilities”) and B-area metropolitan garbage reclamation site (hereinafter “the instant landfill site”), which are waste disposal facilities, belong, and the Plaintiff is residing in a vinyl constructed in C’s ground, which is a State-owned land determined and publicly announced as the affected area of the instant incineration facilities and landfill site in accordance with the Act on Promotion of Installation of Waste Disposal Facilities and Assistance, etc. to their Environs (hereinafter “Waste Facilities Promotion Act”).

B. Pursuant to Article 17-2 of the Waste Facilities Promotion Act, the Mayor of B established the B-regional landfill resident support consultative body (hereinafter “consultative body for residents of the instant landfill”) for the purpose of supporting the residents of nine villages adjacent to the instant landfill, and for the purpose of protecting the rights and interests of the residents of the adjacent areas of the instant incineration facilities (hereinafter “consultative body for residents of the instant incineration facilities”).

C. On March 201, the Defendant would create a 1.5 billion won residents support fund each year (hereinafter “the instant landfill subsidy”) including the operating expenses of the instant landfill’s consultative body until the end of the use of the instant landfill pursuant to Article 22 of the Waste Facility Promotion Act, but paid the amount to the account of the consultative body on the residents support of the instant landfill, and entered into an agreement with the content that the project plan and the distribution of operating expenses to the residents support of the instant landfill shall be executed after the resolution of the consultative body on the residents support of the instant landfill. The aforementioned D village residents entered into the “B-area waste reclamation subsidy distribution agreement” with the consent of a majority of the residents (hereinafter “instant landfill site distribution agreement”). The main contents of the instant landfill distribution agreement are as follows.

B The allocation of subsidies for the year 201 shall be the Metropolitan Waste Reclamation Site.

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