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(영문) 전주지방법원 2011.12.09 2011가합1452

손해배상(기)

Text

1. The Defendant’s KRW 286,025,532 as well as 5% per annum from March 22, 2011 to December 9, 201, and the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff, from around May 3, 1995 to around August 30, 1995, obtained a permit to collect earth and rocks from the head of Gun for 6,787m2, 42,37m2, 113, 748m2, 30m2, 30m2, 208m2, 75m2, 208m2, from the head of Gun of Gun of Gun of Gun of Gun of Gun of Gun of Gun of Gun of Gun of Gun (hereinafter “instant stone collection”), and obtained a permit to collect earth and rocks from 1,13,748m2, 30m2, 195 to 30, 198m2, 79, 542m2, 594m2, 89m2, 481, 606m2, 206, 206.”

B. On March 24, 2009, the Plaintiff filed an application for permission to collect earth and stones with the head of the competent Gun for the area of 144,052 square meters for collection of stone in the instant stone collection site, for seven years from the permitted date of permission, and for seven years from the collected amount of earth and stones 1,523,149 cubic meters (hereinafter “instant application”).

C. On June 22, 2009, the Mountainous District Management Committee of Jeollabuk-do, upon the Plaintiff’s instant application, made a conditional decision with the effect that it is reasonable to grant permission to collect earth and stones on the condition that “to establish a complete plan for recovery from walls practicable” and “to implement a recovery plan after consultation with the pet-gun,” etc.

On August 12, 2009, when the plaintiff applied for the permission of this case, there was direct walls by blasting in the lower part without collecting stairs from upper part to lower part. The application for the permission of this case is in conflict with the above law that the plaintiff applied for the permission of this case to collect more than 70/100 of the upper part even though the upper part is 300 meters or more under the Enforcement Decree of the Management of Mountainous Districts Act, even though it is possible to collect only up to 70/10 of the upper part of the upper part.