1. The plaintiff's claim is dismissed.

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

1. Details of the disposition;

A. On August 30, 2007, the Plaintiff obtained permission to collect earth and stones (hereinafter “the first permission”) from the Defendant on August 30, 2007 by setting the period for the shipment of earth and stones from August 30, 2007 to June 30, 2012 on the land C, D, E, E, F, and G land (hereinafter “the land of the said six parcels”) and obtained permission to collect earth and stones (hereinafter “the first permission”) by extending the period for the removal of earth and stones from August 30, 2007 to September 30, 2017. The permission was obtained on August 17, 2012 to extend the period for the removal of earth and stones by September 30, 2017.

B. On August 6, 2012, the Plaintiff obtained permission to collect earth and stones (the permission number K; hereinafter referred to as “second permission”) with respect to the land C, I, and J land (hereinafter referred to as “second permission site”) from the Defendant from August 6, 2012, from August 2012 to September 30, 2017, with a size of 50,203 square meters in a felling area.

C. On September 20, 2017, the Plaintiff applied for the extension of the respective permission period for collection of earth and rocks (hereinafter “instant application”). However, on February 9, 2018, the Defendant rejected the said disposition on the following grounds.

Mountainous district management shall be managed in a manner that enhances public interests of forests, such as prevention of disasters, protection of water resources, preservation of natural ecosystems, preservation of natural scenery, etc., and permission for extension of the collection of earth and rocks shall be granted when it is deemed reasonable after examining whether a disaster, landscape, is likely to be damaged due to the collection of earth and rocks or sand pursuant to Article 26 (4) of the Enforcement Rule of the Mountainous Districts Management Act.

Accordingly, the review results in some cracks in neighboring houses due to noise, vibration, etc. caused by blasting during the period of permission to collect earth and rocks, and neighboring residents have filed a petition with Taean-gun including Taean-gun, national newspapers, etc., and if permission to extend the collection of earth and rocks has been obtained, it is more than residential areas and livestock breeding farms.