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(영문) 부산고등법원(창원) 2017.07.05 2017누10305
산지일시사용신고불수리처분취소등
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. The Plaintiff, as a company engaged in the business of manufacturing and selling asphalt or the business of manufacturing and selling fine stone, planned to collect stone after being designated as a stone collection complex the amount of KRW 461,660 square meters in the Yacheon-si, Seocheon-si, Seocheon-si, Seocheon-si.

In order for the plaintiff to apply for designation of a stone collection complex, it was necessary to submit the results to the Minister of the Korea Forest Service after evaluating economic feasibility of quarrying in the above area

(2) On March 2016, the Plaintiff: (a) around 2016, the Defendant applied for permission to occupy and use the same 20 square meters of 3,000 square meters of 11,047 square meters of 6,000 square meters of 32,677 square meters of 50,000 square meters of 20,000,0000,0000,000,000,0000,000,0000,0000,000,000,000,000, and 1,488 square meters of 2,000 and 2,000,000,000,000 owned by the Plaintiff; (b) the Plaintiff applied for permission to occupy and use the same 2,03 square meters of 2,000 square meters of 7,000 square meters of 20,000,0000,000.

C. On March 29, 2016, the Defendant held a civil petition conciliation committee to decide to accept a report on temporary use of a mountainous district. On the same day, the Defendant notified the Plaintiff that “The report on temporary use of a mountainous district shall not be accepted upon deliberation by the civil petition conciliation committee pursuant to Article 38 of the Enforcement Decree of the Civil Petitions Treatment Act, since the environmental damage caused by the installation of a drilling and drilling is anticipated to occur in areas such as destruction of natural scenery,

(hereinafter “instant No. 1 Disposition”) D.

The defendant shall be the plaintiff and April 1, 2016.

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