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(영문) 춘천지방법원강릉지원 2015.10.08 2014구합3403
토석채취허가신청불허가처분취소 청구
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff, including the part resulting from the supplementary participation.

Reasons

1. Details of the disposition;

A. The Plaintiff and the Intervenor’s Intervenor (hereinafter “ Intervenor”) are companies conducting aggregate extraction business, etc.

At around 2011, an intervenor obtained permission to collect earth and stones from the defendant for part of the land, including the construction and extension of access roads and the construction of steel railings, on the land, such as 676-10, 676-11, 680-8, 1367-4, 1367-9, 1368-13, 1367-4, 680-8, mountain 204-1, mountain 97-1, mountain 97-1, mountain 97-4, mountain 97-5, mountain 97-5, mountain 625-1, mountain 98, 632, and 623-1, as stated in the attached Form. Around that time, the intervenor completed the construction of an access road and construction of an access road for the land, such as mountain 676-10, etc.

(hereinafter referred to as “the access road of this case”). (B) The participant’s access road that has completed the works.

In around 2014, the Plaintiff filed an application with the Defendant for permission to collect earth and rocks on the entry into the instant access road with respect to the same Risan 101,000 square meters and 90,915 square meters in the vicinity of the said land.

C. On July 28, 2014 and August 5, 2014, the Defendant submitted to the Plaintiff a written consent for the use of the access road between the Intervenor and the Intervenor already submitted the written consent for the use of the access road as the period of the agreement expires. As to the land owned by the Intervenor, for which the Intervenor obtained permission for the use of the access road due to the entry into and exit from the road, the Defendant demanded the Plaintiff to supplement the “Release”

The plaintiff did not comply with the above request for supplementation.

The defendant is the plaintiff on August 26, 2014.

Pursuant to Article 15 of the Civil Petitions Treatment Act (hereinafter “Civil Petitions Treatment Act”), the application for permission to collect earth and stones was rejected (hereinafter “instant disposition”).

E. On December 24, 2014, the Plaintiff: (a) deemed that the Intervenor’s access road to the instant case was installed by connecting with the road upon obtaining the connection permission pursuant to Article 53 of the Road Act and constitutes facilities used for the passage of the general public, such as other roads and passages; and (b) the Intervenor, upon receiving the connection permission

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