1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Details of the disposition;

A. On August 14, 2012, the Plaintiff filed an application with the Defendant for permission to collect earth and stones from August 8, 2012 to December 31, 2021, from 78,709 square meters (hereinafter “instant application site”) among the 212,430 square meters of A forest land in Chungcheongnam-gun, Chungcheongnam-do, Seoul (hereinafter “instant application site”), with the content that the Plaintiff would collect earth and stones from 1,363,216 square meters (hereinafter “instant application for permission”).

B. On September 17, 2012, the Defendant rendered a disposition rejecting the instant application for permission by deeming that the Plaintiff’s collection of earth and rocks is inappropriate for the following grounds (hereinafter “instant disposition”).

(1) The farmland is likely to be damaged by dusts, noise, etc. at the time of permission to collect earth and rocks, dusts, etc. in the event that the farmland is located adjacent to the application site and the farmland is likely to be damaged by the flow of the earth and rocks. (3) The entry of the earth and rocks into the earth and rocks for the collection of earth and rocks into the earth and rocks is likely to cause damage by dusts, noise, etc. at the time of the operation of a large dump truck as farmland and the Yeongsan and Seomjin bicycle lane. (4) The entry into the project plan is unfolding and it is difficult for the farmer to drive the large dump truck because it is difficult to reach the project plan. (5) The entry of a lake and marsh into the lake and marsh to cause damage, such as water pollution, etc.

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion 1) Grounds for Disposition (1) 1) Article 28 of the former Mountainous Districts Management Act (amended by Act No. 11690, Mar. 23, 2013; hereinafter “former Mountainous Districts Management Act”) and Article 24 of the Enforcement Rule of the same Act (amended by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries No. 314, Oct. 26, 2012; hereinafter “former Enforcement Rule of Mountainous Districts Management Act”) apply for permission to collect earth and stones outside the purpose of agricultural infrastructure under the Rearrangement of Agricultural and Fishing Villages Act.