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(영문) 광주지방법원 2016.01.14 2015구합12014
개발행위불허가처분등 취소
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

On May 15, 2015, the Plaintiff filed an application for permission to engage in development activities (hereinafter “application for permission to engage in the instant development activities”) with the Defendant; ① pursuant to the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”), 122-17 parking lot 4,156 square meters (hereinafter “site for development activities”); and ② pursuant to the Management of Mountainous Districts Act, the Plaintiff filed an application for permission to engage in the development activities for the purpose of collecting 27,212 cubic meters of earth and sand for filling up one river environment improvement project outside the Yacheon-gu, Gowon-do; ② pursuant to the said Management of Mountainous Districts Act, the Plaintiff filed an application for permission to engage in the development activities for the purpose of collecting 15,248 square meters; and ② pursuant to the said Act, the Plaintiff filed an application for permission to engage in the development activities for the purpose of collecting 16-3 and 16-3 square meters of forest land; and the aggregate of the area and 314,0000 square meters of the instant land.

On May 2015, the head of the Korea Regional Construction and Management Administration made a request to the Defendant for cooperation with the head of the Korea Regional Construction and Management Administration to actively cooperate with the Defendant in collecting soil and rocks, specifying the location and size of the area to be collected, the type of stones, the quantity and period of collecting soil and rocks, in order to use them for three projects, such as the improvement of one river environment in the Gowon-gu, Gowon-gu, Madon-1 District, and Article 32-4 (2) 1 of the former Enforcement Decree of the Management of Mountainous Districts Act (amended by Presidential Decree No. 26561, Sep. 25, 2015; hereinafter the same shall apply).

On June 2, 2015, the defendant filed an application for permission to engage in development activities with respect to the plaintiff on June 2, 2015, the surrounding area of the site where the development activities are applied is connected to the reservoir, and the surrounding area constitutes the main area of the farmland being arable.

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