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(영문) 서울행정법원 2014.06.26 2013구합22437
채석단지지정및고시처분무효등
Text

1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit, including the part resulting from the supplementary participation, are all assessed against the Plaintiff.

Reasons

1. Details of the disposition;

A. On September 3, 2009, B and C Co., Ltd. (hereinafter “E”) filed an application for designation of stone collection complex with the Defendant on September 3, 2009 regarding E (hereinafter “E”) and nine parcels other than D (hereinafter “E”).

On March 24, 2010, pursuant to Article 29(1) of the former Management of Mountainous Districts Act (amended by Act No. 9982, Jan. 27, 2010; hereinafter “Mountainous Districts Management Act”), the Defendant designated a stone collection complex (including an existing area of stone collection permission) with a total of 210,498 square meters (including 97,798 square meters in an existing area of stone collection permission; hereinafter “the instant stone collection complex”) as a stone collection complex (hereinafter “the instant stone collection complex”), and publicly notified it as F in the notice of the Korea Forest Service:

(hereinafter referred to as “instant disposition”). (Area: 10 square meters in total of 10,030,032 210,498, 2575,040 "G 116,132,91,625 "H 19,140 11,625 "I " 46,7119,420 1,426 "K " 59,8342,525 "h "10,923,900,904,900 "M 16,296,929,929, 297, 297, 286, 287, 286, 2786, 294"

B. Of the instant stone collection complexes, the area of 97,798 square meters for which permission was already obtained for quarrying, the first quarrying permission was obtained in around 1995, and the period of permission expired on May 24, 2008.

C. Around June 201, the Defendant Intervenor acquired the rights and obligations regarding the instant stone collection complex from the Nonparty Company.

The plaintiff resides in an area within 300 meters from the instant stone collection complex and operates a factory.

[Ground of recognition] The descriptions of Gap evidence 1, 7, Eul evidence 1 to 3, Gap evidence 2 (including branch numbers) and the purport of the whole pleadings

2. The Plaintiff’s instant disposition is null and void because of the following significant and apparent defects.

Article 39 (3) 1 of the Enforcement Decree of the Mountainous Districts Management Act (amended by Presidential Decree No. 21427, Apr. 20, 2009; hereinafter referred to as the "Enforcement Decree of the Mountainous Districts Management Act") shall be a stone collection complex pursuant to Article 39 (3) 1 of the Enforcement Decree of the Mountainous Districts Management Act.

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