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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
The reasons why the court should explain concerning this case are the same as the reasons for the judgment of the court of first instance except for the following modifications. Thus, this case shall be quoted in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.
The part "3.b. judgment" (from the 7th 20th 7th 20th son of the first instance judgment to the 15th 7th son) on the grounds of the amendment shall be amended as follows:
B. As to the Plaintiff’s report on the Plaintiff’s selection of aggregate, the former Enforcement Rule of the Aggregate Extraction Act (amended by Ordinance of the Ministry of Land, Infrastructure and Transport No. 327, Jun. 30, 2016; hereinafter “former Enforcement Rule”).
() As seen earlier, the reason for the instant disposition is whether Article 12-2 can be applied, if the Plaintiff seeks to take the aggregate extracted from the instant land into another place without using it again for the “refiting about whether the instant land is subject to the project,” this does not constitute “the case of collecting, screening, or crushing aggregate required for the relevant project in the course of performing a project implemented in accordance with other Acts and subordinate statutes” as stipulated in Article 12-2 of the Enforcement Rule. Therefore, the instant disposition does not constitute “the case where the permission for aggregate extraction is exempted” as stipulated in Article 22(1)1 of the former Aggregate Extraction Act (amended by Act No. 13672, Dec. 29, 2015; hereinafter “former Aggregate Extraction Act”) and thus, separate permission for aggregate extraction should be obtained. However, since Article 12-2 of the Enforcement Rule is a flood control area subject to the instant project, and thus, it cannot be permitted to take the aggregate extraction before being newly amended by Ordinance of the Ministry of Land, Transport and Maritime Affairs (Article 126. 36.2).2).