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(영문) 대구지방법원 2017.07.04 2016구합2078
개발행위원상회복명령및쇄골재가공행위중지명령무효확인
Text

1. The plaintiff's primary and conjunctive claims are all dismissed.

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

Reasons

1. Details of the disposition;

A. On May 6, 191, with respect to the aggregate of 86,579 square meters of three parcels, other than the Gyeongbuk-gun B forest land, where a forest conservation area was located, the specific use area was designated as a quasi-urban area (applicable to the development promotion area at that time) under the National Land Utilization Plan for the purpose of creating a small and medium enterprise cooperation complex pursuant to Articles 7 and 8 of the former Act on the Utilization and Management of the National Territory (amended by Act No. 4572, Aug. 5, 1993), and the specific use district was modified as an industrial promotion district (applicable

B. On December 30, 1999, the Defendant accepted the development activities report of the D Association under Article 27 (2) of the former Act on the Utilization and Management of the National Territory (amended by Act No. 6655 of Feb. 4, 2002; hereinafter referred to as the “Act on the Management and Utilization of the National Territory”) regarding the business start-up cooperation complex development project with the name C and the project implementation period from December 30, 199 to February 28, 2005 with respect to the aggregate of 51,366 square meters (hereinafter referred to as the “instant land”), among the above 86,579 square meters of land B, from among the above 86,579 square meters of land, and on the same day, the Defendant collected the earth and rocks from 1,477,297 square meters of land arising from the execution of the development activities reported as above with respect to the instant land to the purpose of reclaiming and selling aggregate.

C. On January 25, 2005 and February 15, 2005, the Plaintiff applied for an extension of the quarrying permit period to the Defendant, but the Defendant did not accept it.

With respect to the report on a business generating dust and the prior report on a specific construction work, which came from August 24, 2009 to July 31, 2019, the Defendant added a pressure crusher on March 29, 2016 to the Plaintiff’s seat (the name of the construction work), the business of collecting earth and rocks, the construction work (the soil work and the suspension work, the earth and sand mining work), the size of 86,579 square meters, and the construction period from August 24, 2009 to July 31, 2019.

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