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(영문) 수원지방법원성남지원 2017.07.14 2016가합203434

약정금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. 1) The Defendant, as a company aimed at operating mine development business, mineral extraction and sale of earth, sand, and rock, etc., and its representative director, from January 8, 2008 to March 31, 201, from April 4, 2011 to March 5, 2012, G, from March 5, 2012 to March 21, 2012, from March 21, 201, from March 21, 201, from March 21, 201 to September 24, 2013, from March 21, 201 to September 24, 201, the Plaintiff was a partner of G, from August 7, 200 to June 30, 203, and from September 24, 2013 to July 10, 207.

B. 1) The Defendant’s order of quarrying permission and restoration for the Defendant is from the Gwangju City Mayor, and the Gwangju City Iri (hereinafter “Iri”) only.

() Of C Forest land 128,794 square meters, 19,829 square meters from December 14, 1996 to December 13, 1999 with respect to 63,887 square meters among the same land, the land and 19,818 square meters from October 26, 1998 to March 31, 2003, among the same land and D forest 66,116 square meters (hereinafter collectively referred to as “the instant stone collection site”).

With respect to the collection of stone by obtaining permission for aggregate for construction materials from May 24, 2000 to April 30, 2006. 2) Gwangju City Mayor suspended quarrying work on the ground that it is an area in which aggregate cannot be produced on the site conditions before the period for permission for collection of stone expires, and on May 25, 2005, ordered the Defendant to suspend quarrying work until June 4, 2005 on the ground that the Defendant did not perform restoration works under the Management of Mountainous Districts Act and did not deposit restoration expenses, and to prepare and submit a plan for recovery of the instant quarrying site.

3) On July 5, 2005, the Defendant submitted a design plan for restoration of the instant quarrying site, and received approval from the Gwangju City Mayor for restoration of quarrying permitted area (the period of restoration work from July 7, 2005 to July 30, 2006, but was urged from the Gwangju City Mayor to perform restoration work by raising earth and sand and cutting and cutting earth and sand in accordance with lawful procedures and methods.

Since then, the plaintiff has several times from 2008 to 2012.

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