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(영문) 대구지방법원 2015.02.13 2014구합20706

채굴계획불인가처분취소

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. On November 14, 2013, the Plaintiff: (a) based on the mining right indicated in the attached Table 1 list pursuant to Article 42 of the Mining Industry Act, filed an application for authorization for a mining plan with the Defendant for a temporary use of farmland for other purposes pursuant to Article 36 of the Farmland Act with the head of Si/Gun/Gu; and (b) filed an application with the Defendant for authorization for a mining plan with the head of Si/Gun as a mining source.

(hereinafter referred to as “instant application”. Permission for development activities: Land to be preserved as excellent farmland in need of arable rearrangement in accordance with the standards for permission for development activities under attached Table 1-2 of the Enforcement Decree of the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”) is located in the vicinity of the natural village district, which is likely to cause environmental damage, etc. due to noise, vibration, dust, etc. in the relevant area and its surrounding area due to development activities, the village district is located in the vicinity at the time of entering a construction site due to development activities, and the existing farm is used for temporary use of farmland that obstructs traffic in the surrounding area, and thus, permission for temporary use of farmland for other purposes: Article 37(2) of the Addenda of the Farmland Act and Article 39(2) and (3) of the Enforcement Decree of the same Act are located in the central part of the Agricultural Promotion Area, and it is highly likely that the relevant farmland to be preserved as excellent farmland is likely to cause considerable damage to the residents’ 4 meters of adjacent farmland conservation facilities and adjacent concrete conservation facilities due to the improvement of farmland for a long time.

B. The Defendant on November 15, 2013