beta
(영문) 춘천지방법원 2014.11.21 2014구합4298

토석반입금지명령처분취소

Text

1. The Defendant’s disposition of prohibiting entry of earth and rocks against the Plaintiffs on March 19, 2014 is revoked.

2. Of the costs of lawsuit.

Reasons

1. Details of the disposition;

A. The plaintiffs register aggregate extraction business pursuant to Article 14 of the Aggregate Extraction Act and report on the selection and crushing business of aggregate pursuant to Article 32(1) of the same Act, and select and scrap aggregate at the new forest 149-1 Japanese unit (hereinafter “instant place of business”) in the original city.

B. In around 2013, the Plaintiffs entered into a contract to purchase rocks incidental to the process of construction of tunnels, etc. for the installation of related railroads, respectively, and selected and crushed by bringing the rocks purchased therefrom into the instant work site, which is executed by Samyang Co., Ltd. (hereinafter referred to as “Seoul”) and the Gangwon-do Guro Mining Co., Ltd. (hereinafter referred to as “Seoul-Seoul”) and Samyang Co., Ltd. (hereinafter referred to as “Seoul-Seoul”) and the “Seoul-Seoul-Seoul-Seoul (hereinafter referred to as “each of the instant construction works”), respectively.

C. On March 19, 2014, the Defendant ordered the Plaintiffs to prohibit bringing in of earth and rocks on the ground that “the act of the Plaintiff bringing in earth and rocks outside the instant place of business, other than the instant place of business that was originally reported as a place for screening and crushing aggregate, and producing and removing them constitutes “the act of collecting earth and rocks, other than those permitted or reported, by a person who obtained permission or filed a report” under Article 31 subparag. 4 of the Mountainous Districts Management Act.

(hereinafter “Disposition of this case”). 【The ground for recognition of this case’s Disposition of this case’s Disposition of this case’s Disposition of this case’s No. 1 to 3, Eul’s Evidence No. 1 (including Serial number; hereinafter the same) and the purport of the whole pleadings

2. Whether the disposition is lawful;

A. “Collection” under Article 31 subparag. 4 of the Management of Mountainous Districts Act means digging up or taking out aggregate.