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(영문) 춘천지방법원강릉지원 2017.10.26 2017구합30239

골재채취허가신청 불허가처분 취소

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1. On April 19, 2017, the Defendant’s disposition of non-permission to file an application for permission to extract aggregate with the Plaintiff is revoked.

2...

Reasons

1. Details of the disposition;

A. On May 11, 2015, the Plaintiff filed an application with the Defendant for a permit to extract aggregate on the land 555-2, 55-2, which was located in Gangseo-si, Chungcheongnam-si, and filed with the Defendant on July 8, 2015, for a permit to extract aggregate (hereinafter referred to as “previous permit”) on the condition that the occupancy area of the said land is 9,90 square meters, the extraction area is 7,158 square meters, the extraction area is 24,147 square meters, the extraction area is 24,147 square meters, and the period of permission is 24,147 square meters, from July 7, 2015 to December 31,

(2) However, on October 7, 2015, the Defendant issued an order to suspend the extraction of aggregate to the Plaintiff on the ground of the request for the cancellation of business permission to the Plaintiff and the request for preparation of measures to cope with damage, etc. to the residents of Song 1ri-5 adjacent to the above land. Next, on January 5, 2016, the Defendant issued a disposition to revoke the said permission as of December 31, 2015.

3) Accordingly, the Plaintiff filed a lawsuit seeking the revocation of the Defendant’s revocation of the above revocation of permission (Yancheon District Court Decision 2016Guhap50151), but withdrawn the said lawsuit on April 20, 2016. (B) At present, the Plaintiff filed an application for permission to extract aggregate and filed an application for permission to extract aggregate with respect to a site other than the previous land subject to the permission (which is located in a place lower than the half of Song 15) on April 12, 2016 (hereinafter “instant permission”). The Plaintiff obtained permission to extract aggregate on April 12, 2016 (hereinafter “instant permission”). < Amended by Act No. 1494, Apr. 7, 2016; Act No. 15944, Apr. 12, 2016>

2) After that, on February 15, 2017, the Plaintiff filed an application for permission to alter aggregate extraction permission (hereinafter referred to as “application for change of aggregate extraction permission”) with the purport that the terms and conditions of the instant permission are 1,42 square meters in size, 27,823 square meters in size, and the period of permission extended from April 12, 2016 to December 31, 2017, to the Defendant (hereinafter referred to as “instant application for change”).

B. However, on April 19, 2017, the Defendant: “In the absence of the matters related to the restoration of the restoration plan to the original state”; “In the case of gathering aggregate from the present location in which the area of the site is deferred to the point where the lower 100 meters remain, the total possible volume of extraction of your opinion exceeds 30,000 cubic meters, and the urban planning deliberation is conducted.