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1. The Defendant’s disposition of non-permission to collect earth and stones rendered on September 11, 2014 by the Plaintiff is revoked.
2. Of the costs of lawsuit.
Reasons
1. Details of the disposition;
A. The Plaintiff obtained permission to collect earth and rocks pursuant to Article 25(1) of the Management of Mountainous Districts Act from the Defendant, around December 2004, with respect to the business period of 45,062 square meters of 19,000 square meters of 62,678 square meters of Yancheon-si, Seocheon-si, Incheon Metropolitan City, for collecting and selling earth and rocks, from the Defendant around December 1, 2004 to December 31, 2013.
B. On August 12, 2013, the Plaintiff filed an application with the Defendant for permission to collect earth and stones on the remaining 33,062 square meters (hereinafter “new application site”) excluding the 12,000 square meters of land due to the construction of a light-speed rail (hereinafter “the exclusion area”) from the 19 forest land and 45,062 square meters of land in Busan 19,062 square meters, and related six adjacent thereto (hereinafter “the instant application site”).
The name of the business: The applicant for the collection of soil and rocks: The location of the Plaintiff: 35,7020, 15,768,334, 21,000 2,380,380 84,000 9,7830 9,7830 9,7830 9,740 9,740 11,740 9,740 20 25,000 262,000 25,000 25 2,000 2,000,000 19,740 2,161 87 2,161 87 2,00 26,000 26,000 26,000 25 36,000 2636,000 7,000 2636,000 365 36
C. On September 11, 2014, the Defendant rejected the Plaintiff’s application due to the following reasons.
(hereinafter “instant disposition” (hereinafter “instant disposition”). Although a restoration plan in conformity with the provisions of the Mountainous Districts Management Act was not submitted and notified to establish and submit a restoration plan in accordance with the former Mountainous Districts Management Act with respect to an isolated area of a permitted area, the Plaintiff requested mitigation of the standards for restoration design, but the criteria for permission to collect earth and stones in accordance with Article 36(1) [Attachment 8] of the Enforcement Decree of Mountainous Districts Management Act are not provided for mitigation of the above uniform plan (hereinafter “the ground for disposition 1”).