1. The plaintiff's claim is dismissed.

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

1. Progress of the disposition;

A. The Plaintiff’s status is a company that runs the business of collecting earth and stone, such as construction sand, gravel, and crushed stone, in stone collection stations located in the above B and C (hereinafter “the instant stone collection stations”).

B. The Plaintiff obtained permission to collect earth and rocks, which are stone for fine aggregate in the instant quarrying area from the Defendant around 1990, from the Defendant around January 19, 209. The Plaintiff continued to obtain permission to collect earth and rocks, which are stone for fine aggregate in the instant quarrying area. On December 6, 2007, the Plaintiff obtained permission to collect earth and rocks from the Defendant around December 6, 2007, based on the deposit amount of 2,424,758 cubic meters (based on the deposit amount converted into aggregate);

hereinafter the same shall apply.

(2) On December 13, 2007, the Defendant requested the Plaintiff to supplement “the owner of a house and the resident’s written consent within 300 meters from the boundary of the area where the permission was granted for the collection of earth and rocks” to collect remaining store quantity after collecting the remaining store quantity. The Defendant rejected the Plaintiff’s application for the extension of the period of the collection of earth and rocks on the ground that the Plaintiff did not submit the said written consent on January 15, 2008.

3) On March 14, 2008, the Plaintiff appealed against the Defendant on the ground that the Cheongju District Court 2008Guhap391 rendered a judgment in favor of the Plaintiff on December 11, 2008 on the ground that “it was difficult to readily conclude that the Defendant was suffering from considerable damage to the extent that it was impossible for the neighboring residents of the Quarrying to recognize the submission of the consent form,” and the said judgment became final and conclusive around that time (hereinafter “the first related judgment”).

(4) After that, the Defendant’s period of permission to collect earth and stones by the Plaintiff on January 19, 2009 is until December 30, 2013.