토석채취변경허가신청불허가처분취소
The judgment below is reversed, and the case is remanded to the Gwangju High Court.
The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).
1. Regarding ground of appeal No. 1
A. Comprehensively taking account of the adopted evidence, the lower court acknowledged that (i) Plaintiff Associate Construction Co., Ltd. (hereinafter “Quasi-Construction”) obtained permission to collect earth and sand from the Defendant on May 1, 2007 with respect to five parcels of land, 93,392 square meters (hereinafter “the instant land”) from the Defendant on April 30, 207 to April 30, 201; (ii) obtained permission to collect earth and sand from the Defendant on June 31, 2010 to December 31, 2010; and (iii) obtained an extension of the period of permission to collect earth and sand from the Defendant on June 201 to December 31, 2011; and (iv) obtained permission to collect earth and sand from the Defendant on the instant land within 93,392 square meters (hereinafter “the instant land”) as an area subject to permission to collect earth and sand from the Defendant on the ground that the instant land was located within 10-day development project.
B. Next, the lower court, in violation of Article 32(2) of the Enforcement Decree of the Management of Mountainous Districts Act, which provides that the Defendant shall undergo deliberation by the Regional Mountainous District Management Committee prior to issuing an application for permission to collect earth and stones, and thus, took the instant disposition.