산지일시사용 불허가 처분취소 청구의 소
1. The disposition of non-permission for temporary use rendered by the Defendant to the Plaintiff on February 21, 2018 is revoked.
2. The costs of the lawsuit are assessed against the defendant.
1. Details of the disposition;
A. On January 29, 2018, the Plaintiff was a corporation established for the purpose of aggregate extraction business, etc., and its trade name was changed from “Limited Liability Company B to “A”.
20 years from August 4, 2011 to August 3, 2031, 2031, the term of extracting rights for the mining area of mineral type in the mining land register at the place of the registration date, the term of existence of the extracting rights for the D E unit in Chungcheongnam-nam-gun, Chungcheongnam-do.
B. The Plaintiff completed the registration of transfer on November 21, 2013 with respect to the extraction rights (registration number C; hereinafter “the extraction rights of this case”) indicated in the following table, and obtained authorization of a mining plan based on the above extraction rights from the Chungcheongnam-do Governor on July 1, 2014.
C. On February 5, 2018, the Plaintiff filed an application with the Defendant for temporary use permission from February 2018 to December 202, 202 for the period from February 5, 2018, for the temporary use of 19,883 square meters (hereinafter “instant application site”).
(hereinafter “instant application”). ① Attached Table 3-2 subparag. 1 A of the Enforcement Decree of the Management of Mountainous Districts Act Article 18-2(3) of the Enforcement Decree of the Mountainous Districts Act.
Pursuant to item 4), earth and stones containing minerals are likely to be collected and used for stone. When earth and stones in mountainous districts are used for stone, it is necessary to obtain permission to collect earth and stones under Article 25(1) of the Management of Mountainous Districts Act or implement such permission with permission for conversion of a mountainous district for the purpose other than for the creation of a housing complex, etc.
(3) The plan to use large volume of earth and rocks (246,427 cubic meters) generated out of minerals for recovery is not realistic (deficiencies and feasibility) in terms of safety and economic feasibility, and is due to strip mining.