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(영문) 전주지방법원 2015.01.28 2014구합448
복구준공검사신청에따른복구준공검사불가통보처분취소
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Details of the disposition;

A. At early 200, the Plaintiff collected earth and rocks by obtaining permission for collection of earth and rocks from the Defendant on the aggregate of 17,080 square meters of three parcels, including a 41-4,000 square meters in a dunes of the map screen in the area in the west-gun, Chungcheongnam-do. 2) The period for collecting earth and rocks for which the Plaintiff initially obtained permission was from April 18, 200 to October 17, 2002. The period for collecting earth and rocks was from April 18, 2000 to October 17, 2002, according to the Plaintiff’s application for extension on the ground that the collection of earth and rocks was not completed.

3) The Plaintiff is a total of 34,856 square meters of a plot of land (hereinafter referred to as “instant stone collection site”) and a total of 34,856 square meters of a plot of land (hereinafter referred to as the “instant plot of land”) which was already permitted around July 2003, adding 2 parcels of land (34,856 square meters of a plot of land, 41-4 and 41-12 square meters of a cover of the screen in the west-gun, North Korea-do) and 329-2, etc.

(4) The period for collecting earth and stone initially permitted for the collection of stone was from July 30, 2003 to July 29, 2006. According to the Plaintiff’s application for extension on the ground that the collection of stone was not completed, the period for collecting earth and stone was extended to September 25, 2008, and thereafter, it was extended to May 9, 2010.

5) On April 2010, the Plaintiff filed an application for extension of the period for collecting earth and stone in the instant quarrying on the ground that the collection of earth and stone was not completed. However, the said application for extension was rejected on May 4, 2010. (B) The Plaintiff filed an application for approval of the restoration plan with the Defendant on July 21, 2010 for the restoration of the stone collection station upon expiration of the period for collecting earth and stone.

2) On August 3, 2010, the Defendant approved the plan for restoration on August 3, 201 through supplementation, such as applying the method of construction on erosion control to the plan for restoration, and demanded the completion of restoration in accordance with the plan for restoration approved by December 30, 201. 3) The Plaintiff filed an application for extension of the period with the Defendant on December 29, 201, when the restoration was not completed by the said period of restoration, and the Defendant filed an application for extension of the period from January 19, 2012.

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