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1. Revocation of a judgment of the first instance;
2. The instant lawsuit shall be dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of the instant disposition
A. On March 21, 2013, the Plaintiff, a corporation established for the purpose of collecting earth and rocks, etc., obtained permission for collecting earth and rocks from the Defendant with respect to 16,000 square meters of forest land of 256 m28,098 m256 m28,098 m2 (hereinafter “the instant mountainous district”), the period of permission from the Defendant for collecting earth and rocks from March 21, 2013 to February 28, 2016 (hereinafter “the instant permission”), the type and quantity of which are 72,131 m2,00 cubic meters of the instant mountainous district.
B. Since then, the Defendant confirmed that, by using unmanned helicopters, the Plaintiff was carrying out the work of shouldering and gathering stone in 251, the YU YU in the area of this case and its neighboring land, the Plaintiff was using the unmanned helicopter in the airspace above the area of this case.
C. On May 27, 2014, the Defendant notified the Plaintiff of the suspension of business from May 27, 2014 pursuant to Article 31 of the Management of Mountainous Districts Act on the ground that the Plaintiff applied for permission to collect soil and stones (50,000 square meters or more) pursuant to Article 25-2 of the Mountainous Districts Management Act and Article 32-2 subparagraph 3 of the former Enforcement Decree of the Mountainous Districts Management Act (amended by Presidential Decree No. 26627, Nov. 11, 2015; hereinafter the same shall apply) or notified the Plaintiff of the purport that the restoration design following the recovery of mountainous districts under Article 39 of the Mountainous Districts Management Act by no later than August 31, 2014.
On August 25, 2014, the Defendant notified the Plaintiff of the suspension of business as of May 27, 2014, which may be disadvantaged by the cancellation of permission under Article 31 of the Mountainous Districts Management Act, and also applied for permission to collect earth and stones (50,00 square meters or more) pursuant to Article 25 of the Mountainous Districts Management Act and Article 36 of the former Enforcement Decree of the Mountainous Districts Management Act, or to recover the mountainous district under Article 39 of the same Act.