logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2018.05.03 2016구합456
채석허가신청불허가처분취소청구의 소
Text

1. On February 12, 2016, the Defendant’s refusal to grant authorization of the extracting plan to the Plaintiff is revoked.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Details of the disposition;

A. The Plaintiff’s status and the instant mining right 1) The Plaintiff is a stock company running the search and development of ground and leisure resources and the production and sale of mineral aggregate. (2) On July 7, 2008, the Plaintiff has mining rights (e.g., an elderly land) in a mining area extending to 227 hectares of the daily forest land located in Ulsan-gun, Ulsan-gun, Ulsan-gun, with permission for the establishment of mining rights.

(Registration Number of Mining Rights: C, D, E, hereinafter referred to as "mining rights of this case"). (b)

(1) The Plaintiff applied for authorization of the mining commencement plan before the instant case. On September 30, 2010, the Plaintiff obtained authorization of the postponement period from the Defendant from September 28, 2010 to September 27, 2013. (2) The Plaintiff applied for authorization of the mining commencement period to the Defendant on September 24, 2013. However, the Plaintiff issued an application for authorization of the mining plan to the Defendant on September 24, 2013, but the Defendant issued a non-provisional disposition as to the said application on November 8, 2013.

3) The Plaintiff appealed against the Defendant on November 8, 2013, and filed an administrative appeal against the Defendant on December 12, 2013, but the administrative appeal was concluded on September 18, 2014 by submitting a written withdrawal during the trial proceedings. 4) The Plaintiff filed a lawsuit against the Defendant on January 5, 2015, seeking the revocation of the non-provisional disposition as of November 8, 2013; however, the Plaintiff received a judgment of dismissal from the court on the ground that the period for filing the lawsuit was imposed on August 13, 2015, and the said judgment became final and conclusive thereafter.

(Case of Revocation of Disposition of Non-permission for Application for Quarrying at Ulsan District Court 2015Guhap22)

The Plaintiff’s application for authorization of the instant mining plan and the Defendant’s non-provisional disposition 1) On December 30, 2015, the Plaintiff filed an application for authorization of the mining plan with the Defendant along with the Enforcement Rule of the Mining Industry Act and the statement of mining plan under the Ministry of Knowledge Economy’s notification (hereinafter

(2) On the Plaintiff’s instant application, the Seoul Special Metropolitan City, Ulsan Special Metropolitan City, Ulsan Special Metropolitan City, and the surveying area are as follows: “The filing area is a natural green area or preserved green area under the urban management plan.”

arrow