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(영문) 대전고등법원 2020.11.27 2020누10645
토석채취변경허가처분등무효확인 등
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. The reasoning of the court's explanation concerning this case is as follows: (a) the part concerning the primary claim (except the part concerning the conjunctive claim which the plaintiff did not appeal) among the reasons for the judgment of the court of first instance is the same as the part concerning the primary claim (except the part concerning the conjunctive claim which the plaintiff did not appeal). Thus, it is acceptable in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the

2. Parts to be dried;

A. The part of the third 8th h of the judgment of the court of the first instance “2019Nu12812 of the plaintiff’s 2019Nu12)” was followed as follows. “Although the plaintiff appealed against this, the appeal was dismissed ( Daejeon High Court 2019Nu12812 of the Daejeon High Court), and the plaintiff appealed, but the appeal was dismissed.

(Supreme Court 2020Du42965).

(b)each “M” of the fourth 2, third 2, and third 2 of the judgment of the first instance court shall be applied “D”.

(c) the Act on Forestry Management in the 6th half of the judgment of the first instance court was amended to “Mountainous Districts Management Act”;

The part of "(the plaintiff)" in the 6th sentence of the first instance court shall be deleted.

E. The part of the 7th one to two of the 7th judgment of the first instance court "at present," "at present, an administrative litigation seeking its revocation, but the judgment of loss was finally affirmed."

(f) in the seventh and fourth sentence of the first instance judgment, the following shall be added:

The Plaintiff asserts that “the Plaintiff has obtained a new authorization of the mining plan regarding the instant mining right. In full view of the respective entries in the evidence Nos. 8, 10, 16, and 17 and the purport of the entire pleadings, the Plaintiff may recognize the fact that the Plaintiff applied for authorization of the mining plan with respect to 3,154 square meters (2,148 square meters of pit area, 1,006 square meters of pit area) among ASEAN-si Do governor on Jan. 7, 2020 and obtained a conditional authorization on Sept. 14, 2020. However, the point for which the Plaintiff has obtained authorization of the mining plan is a mining area located in ASEAN-si, but the point for which the Plaintiff has obtained authorization of the mining plan may be deemed to have been based on the registration number AF (mining AG unit) located in ASEAN-si and F (No. 9-2, No. 9-2, No. 9-2, No. 3

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