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(영문) 서울중앙지방법원 2016.01.08 2013가합76678
손해배상
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

Basic Facts

On September 1, 2004, the Plaintiff obtained permission for the extraction of aggregate from the Chuncheon market on the grounds that the period of the extraction was extended from September 1, 2004 to December 31, 2004, and the quantity of the extraction was 100,000 cubic meters, and the Plaintiff obtained the permission for the extraction of aggregate on two occasions on the grounds that the period of the extraction was extended from September 1, 2004 to June 23, 2005 and December 26, 2005 to June 30, 2006.

On August 8, 2006, the Plaintiff: (a) obtained permission to extract the instant river area from the Chuncheon City from August 8, 2006 to December 31, 2006; and (b) obtained permission to extract the aggregate in 280,000 cubic meters from August 8, 2006 to December 31, 2006; and (c) obtained permission to extract the aggregate in 280,000 cubic meters from December 31, 2007 and June 23, 2008 for the extension of the period of permission to extract the aggregate by the end of August 31, 2008.

On September 1, 2008, the Plaintiff collected aggregate in the instant river area with the permission to extract aggregate under Article 22(1) of the former Aggregate Extraction Act (amended by Act No. 9037 of Mar. 28, 2008 and enforced January 1, 2009; hereinafter the same) by determining the river area of the instant river area, the period of extraction, and the period of removal from the Chuncheon market as “from September 1, 2008 to December 31, 2008” and “the amount of removal from the instant river area” as “5,00 cubic meters of deadly gravel.”

On November 27, 2008, the Chuncheon Mayor notified the Plaintiff of the intention that “When it is difficult to remove the permitted quantity within the permitted period, it will examine the extension of the permitted period if it selects the aggregate screening site outside the instant river area and submits the project plan by December 31, 2008.”

However, on December 23, 2008, the plaintiff's request for the transfer of the Yancheon City Mayor of Chuncheon to the transfer of the Yancheon City captain is disregarding the previous administrative practices.

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