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(영문) 춘천지방법원 2014.01.17 2013구합145

토석채취기간연장허가신청반려처분 취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. B, on April 10, 2007, obtained quarrying permission from the Defendant on the land outside C and two parcels of land in the original city as follows.

A person who obtained permission: A owner of G in the city of the original city of the E religious organization in the area of B forest: H (I after November 19, 2010): The owner of G in the city of the original city of the J (C: 30,123m2 in the collection place of the area permitted by the J school: D, G 39,676m2 in the city of the original city of the 30,123m2m2 in the area permitted by the J school, and the collection of stone and removal period from the date of January 1, 207 to December 31, 201.

The name of the above quarrying permission was changed from January 16, 2009 to the Plaintiff, and the Plaintiff applied for permission to extend the period of collection of earth and rocks to the Defendant by December 31, 2014, on or around December 2011.

C. On January 17, 2012, the Defendant notified the Plaintiff of the following supplementary matters: (a) documents (the scope and period of the right to use and benefit) verifying ownership of, and the right to benefit from, the pertinent land via the access road (the scope and period of the right to use and benefit from use) in a state where “the area permitted as the access road is not used for the access road,” and (b) the area included in the access road (3,340 square meters) in the D land is larger than the area approved as the owner’s area (2,078 square meters), and submitted a written consent for the use of the land (2,078 square meters), and submitted a written consent for the change of the owner of the G land (HI) at the Plaintiff’s request, and extended the period for supplementation at several times; and (c) the period for supplementation was June 15, 201

8.17. & 17. The same year

9. 21. The Plaintiff urged the submission of the above documents.

After that, the Plaintiff submitted the written consent to the use of each owner of the above L B B B B B before the Plaintiff, but the Defendant, on October 29, 2012, submitted the required documents under Article 26 of the former Enforcement Rule of the Mountainous Districts Management Act (amended by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries No. 336, Jan. 23, 2013; hereinafter the same shall apply) (the document proving ownership of, and the right to use and benefit from, the land for which the Plaintiff