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(영문) 춘천지방법원강릉지원 2017.08.17 2017구합30024
토석채취허가지 내 외부토석의 반입 가공 ?
Text

1. The Defendant’s act of bringing in, processing, and removing soil and rocks outside the land for permission to collect earth and rocks from the Plaintiff on January 18, 2017.

Reasons

1. Details of the disposition;

A. The Plaintiff is running a business of screening and crushing aggregate in a piece of land, i.e., e., e., g., e., g., e., g., e., g., g., g., g., g., g., g., g., g., g., g., g., g., g.,

B. On August 2016, the Plaintiff entered into a contract on the purchase of earth and stones incidental to the process of selling a tunnel, etc. for the construction of the said section with the two construction companies, the contractor of the said section for the construction of the said section for the railroad around August 2016, and the construction company of the said section for the construction of the said section for the construction of the railway around August 2016, and the construction company of the said section for the construction of the said railroad. On November 2016, the Plaintiff selected and crushed them by bringing them into the instant construction site.

C. On January 18, 2017, the Defendant issued an order to suspend the Plaintiff’s act of bringing in, processing, and taking out soil and rocks outside the instant place of business (hereinafter “instant disposition”) on the ground that the act of producing, processing, and taking out aggregate from the instant place of business constitutes “an act of collecting soil and rocks not permitted” (hereinafter “the act of collecting soil and rocks outside the instant place of business”).

[Ground of recognition] Unsatisfy, entry of Gap evidence 1, 2, and 3 (including virtual number), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) The former Mountainous Districts Management Act (Amended by Act No. 14361, Dec. 2, 2016; hereinafter the same shall apply)

“Collection” referred to in subparagraph 4 of Article 31 refers to “collection of earth and stones, other than those permitted or reported, other than those permitted or reported,” as defined in Article 2 of the Aggregate Extraction Act, means digging up or taking aggregates, etc., and such collection is performed separately from the natural environment.” The above provision is applicable at the construction site of the said railroad.

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