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(영문) 광주지방법원 2017.04.20 2016구합10442
토석채취허가 신청 불허가처분취소 청구의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On August 14, 2012, the previous disposition and the previous judgment filed an application with the Defendant for permission to collect soil and stones 1,363,216 square meters from August 2012 to December 31, 2021, from 78,709 square meters (hereinafter “instant land”) out of 212,430 square meters of forest land B in Chungcheongnam-gun, Chungcheongnam-do, Chungcheongnam-do. (hereinafter “instant land”).

The defendant was subject to a disposition rejecting this motion.

(hereinafter “previous Disposition”). The Plaintiff filed a lawsuit seeking the revocation of the previous disposition with the Gwangju District Court 2012Guhap5244, but was sentenced to the dismissal judgment, and this judgment was finalized by the dismissal of appeal (No. 2013Nu1347, hereinafter “previous judgment”) and the dismissal of appeal (No. 2015du523).

B. On June 29, 2015, the Plaintiff filed an application with the Defendant for permission to collect soil and stones 1,363,216 square meters from the instant land from June 2015 to June 30, 2025.

(hereinafter referred to as “instant application”). C.

On July 9, 2015, the Defendant rejected the Plaintiff’s instant application for the following reasons.

(2) The application area is likely to cause damage to farmland due to stone dust, etc. at the time of collecting earth or stone, as farmland is located adjacent to a mountainous district located within 100 meters from lake and marsh. (4) The entry into the earth or stone collection place is likely to cause damage to farmland due to dust dust, noise, etc. at the time of operating a large dump truck as farmland and Cump truck, which is the farmland in the vicinity of the project plan. (5) The operation of a large dump truck is so narrow that it is difficult to cause damage to farming of farmers due to the operation of the farming dump truck. (6) The damage caused by noise, vibration, and scattering dust is anticipated due to the extraction and removal of aggregate and the operation of the farming dump farm machinery. (7) The damage caused by water pollution, etc. by the inflow of stone powder, etc. into the appeal.

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