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(영문) 광주지방법원 2015.10.29 2015구합585

골재채취허가취소

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. On February 14, 2013, the Plaintiff registered land aggregate extraction business to the Defendant, a corporation established for the purpose of land aggregate extraction business, etc.

B. On April 2013, the Plaintiff filed an application with the Defendant for permission for development activities to extract land within 122-1, and 47,305 square meters of land (hereinafter “instant land”) located within 18,00,000, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do. However, on September 26, 2013, the Plaintiff voluntarily withdrawn the application for the said permission for development activities.

C. On October 22, 2013, the Plaintiff filed an application with the Defendant for permission to extract the instant land. On December 6, 2013, the Defendant filed an application with the Plaintiff for permission to extract the instant land with the content of “the aggregate extraction volume of 75,089 cubic meters, and the period from December 2013 to September 30, 2015 (from December 30, 2013 to June 30, 2015; the period from July 1, 2015 to September 30, 2015)” with the content of “the instant permission” (hereinafter referred to as “the instant permission”), and the Plaintiff has operated aggregate extraction business from the time of the instant permission to September 30, 2015.

After self-inspection, the Defendant confirmed that the Plaintiff was registered as an aggregate extraction business by leasing the excavated season and wells, and on December 30, 2014, the Defendant issued a warning to the Plaintiff on the ground that the Plaintiff violated the registration standards to be its own facilities and equipment under Article 19(2) [Attachment Table 1] subparag. 2(c) of the Enforcement Decree of the Aggregate Extraction Act by delegation from Article 14(2) of the same Act. Notwithstanding the aforementioned warning disposition, the Plaintiff failed to meet the registration standards by February 10, 2015, and on February 26, 2015, issued a disposition of business suspension under Article 19(1)4 of the Aggregate Extraction Act (from March 2, 2015 to April 30, 2015) for the same reasons as the warning disposition against the Plaintiff.

E. On March 23, 2015, the Defendant shall, when filing an application for permission to extract aggregate with the Plaintiff, satisfy the registration criteria under Article 14 of the Aggregate Picking Act and file an application for permission.