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(영문) 부산고등법원 2019.02.13 2018누21590
채석허가신청불허가처분취소청구의 소
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On July 7, 2008, the Plaintiff had mining rights (e.g., 30,741 square meters of forest land B, etc. in Ulsan-gun, Ulsan-gun with permission for the establishment of mining rights. An elderly soil).

B. On December 30, 2015, the Plaintiff filed an application with the Defendant for authorization of the extraction plan with regard to the location of the extraction site (hereinafter “instant application site”) including 22,324 square meters of forest B in Ulsan-gun, Ulsan-gun, Ulsan-gun, with land use plan of 8,400 square meters and 2,743 square meters for the site for a sunlight site as indicated below, along with the extraction plan and survey room map attached thereto.

(hereinafter referred to as “instant application”). MVN LBO P QR T WX

C. On January 5, 2016, the Defendant requested consultation on permission for development (or change of land form and quality) under Article 57(1) of the National Land Planning and Utilization Act with respect to the application in this case with respect to Ulsan-gun, Ulsan-gu, Ulsan-do. However, on January 25, 2016 and January 27, 2016, the Defendant received opinions from the head of Ulsan-gu, Ulsan-gu, Ulsan-gu, Ulsan-do in order to obtain authorization for the extraction plan as follows.

1) Permission for development activities is not granted in excess of the scale of permission for development activities under Article 55 of the Enforcement Decree of the National Land Planning and Utilization Act (natural green belt - natural green belt - a green belt - a green conservation zone of less than 10,00 square meters, a green conservation zone of less than -5,000 square meters, and the total area of land extending over the relevant land shall not exceed the larger specific-use area among the specific-use areas extending over the relevant land). (ii) Criteria for permission for development activities under Article 20 of the Urban Planning Ordinance of Ulsan Metropolitan City and Ulsan Metropolitan City pursuant to attached Table 1-2 of Article 56 of the same Act and Article 20 of the Enforcement Decree of the same Act (which shall not meet less than 60% of standing timber water; and (3) it constitutes an area that needs to preserve the natural environment, landscape, forest and green space of an urban area pursuant to Article 36 of the same Act

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