1. On February 11, 2016, the Defendant’s disposition of refusal to collect earth or stone against the Plaintiff is revoked.

2. The costs of the lawsuit are assessed against the defendant.

Details of the disposition

On December 4, 2015, the Plaintiff filed an application for permission to collect soil and stones (hereinafter referred to as “instant application”) with the content that the Plaintiff would collect stones of approximately 932,549 cubic meters from April 2016 to March 31, 2025, from the area of 63,895 square meters as the planned project area, Seocheon-gun, Chungcheongnam-do (hereinafter referred to as “Ari”) and Dong-gun (hereinafter referred to as “Ari”) as the planned project area.

C E F A Defendant, on February 11, 2016, issued non-permission (hereinafter “instant disposition”) with respect to the instant application for the following reasons.

Meanwhile, on September 14, 2007, G applied for permission to collect soil and stones from 56,090 square meters in size from October 2007 to September 201, 2013, G applied for permission to collect soil and stones from approximately 472,205 cubic meters in size. However, on February 27, 2008, the Defendant rendered a disposition of non-permission regarding the above application.

G filed a lawsuit seeking the revocation of the above disposition, but was sentenced to a judgment dismissing the claim.

(Seoul District Court 2008Guhap2301, Daejeon High Court 2009Nu285, and Supreme Court 2009Du1306). The Plaintiff filed an application for permission to collect earth and stones from approximately 67,940 m20 m20 m200 m200 m200 m200 m201 with B and C as the planned project area. However, the Defendant rejected the said application on May 3, 2011.

The plaintiff filed a lawsuit seeking revocation of the above disposition, but was sentenced to a judgment dismissing the claim.

(Seoul District Court 201Guhap2523, and the Plaintiff appealed and appealed against it, and the lawsuit was withdrawn and finalized). [The grounds for recognition] The Plaintiff’s instant disposition is a procedural defect that did not undergo deliberation by the Local Mountainous District Management Committee as provided by the main sentence of Article 32(2) of the former Enforcement Decree of the Mountainous Districts Management Act (amended by Presidential Decree No. 27725, Dec. 30, 2016; hereinafter “former Enforcement Decree of Mountainous Districts Management Act”).

The plaintiff's ground for appeal.