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(영문) 광주고등법원(전주) 2017.07.13 2015나1463

손해배상(기)

Text

1.The judgment of the first instance court, including any claims extended in the trial before the remand, shall be modified as follows:

The defendant.

Reasons

1. Facts of recognition;

A. The plaintiff obtained permission for the extension of aggregate 1,113,748 cubic meters from August 25, 1995 to August 30, 1998, the aggregate 478,836 cubic meters from September 1, 1998 to August 31, 1998, and the extension of aggregate 81,457 cubic meters from September 7, 2000 to August 31, 200, and from September 6, 200 to June 3, 200, the plaintiff obtained permission for the extension of aggregate 1,457 square meters from September 7, 200 to December 4, 2001 to June 3, 200, respectively. < Amended by Act No. 56558, Dec. 4, 2001>

(hereinafter referred to as “immediately preceding permission”) No. 6 of the last r.b.

(1) On March 24, 2009, the Plaintiff filed an application for permission to collect earth and stones and a non-permission disposition (hereinafter “application of this case”) with the head of Yju-Gun for permission to collect earth and stones by determining the purpose of the instant stone collection as civil engineering and fine aggregate, period of permission as seven years from the date of permission, and the amount of earth and stones collected as 1,523,149

(2) On June 22, 2009, the Governor of the Jeollabuk-do Mountainous District Management Committee made a conditional decision with the effect that permission to collect earth and stones should be granted on the Plaintiff’s instant application on the condition that “a complete recovery plan should be formulated,” and “a recovery plan should be implemented after consultation with the head of Gun with the head of Gun is completed.”

3. However, on August 12, 2009, the head of the relevant Gun, upon disregarding the method of collection and gathering, caused direct walls by blasting from the upper part to the lower part without collecting stairs from the lower part without performing administrative instructions more than ten times. < Amended by Presidential Decree No. 20148, Aug. 12, 2009; Presidential Decree No. 2000, Feb. 2, 2008>