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(영문) 전주지방법원 2016.12.22 2015구합2274
토석채취수허가자명의변경취소신청에대한거부처분취소
Text

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

2. The costs of lawsuit shall be incidental to the participation.

Reasons

1. Details of the disposition;

A. From January 2012, the Plaintiff obtained permission to collect earth and stone from the Defendant for the aggregate of 71,455 square meters in collection of earth and stone and the aggregate of 3,534 square meters in 74,984 square meters in Gunsan-si and 39 square meters in Gunsan-si and 39 square meters in 71,524,541 square meters in collection of earth and stone, and for the period of removal from January 1, 2012 to January 1, 2015.

B. Around November 2014, the Plaintiff’s representative director: (a) entered into a contract including the transfer of all the powers to the intervenors, such as permission for the change of permission for the extraction of soil and rocks on the land outside B and 39 square meters (the permitted area) with the Defendant’s Intervenor (hereinafter “ Intervenor”); and (b) issued to the intervenors the power of delegation, such as permission for the change of the permission for the extraction of soil and rocks.

C. Around December 30, 2014, an intervenor: (a) changed the title holder of the permission to collect earth and stones from the Plaintiff to the intervenor; (b) reduced the permitted area from 49,04 square meters to 49,04 square meters; and (c) reported a change in the collection of earth and rocks until February 28, 2018.

On February 6, 2015, the Plaintiff held a board of directors and resolved on February 6, 2015 that in relation to permission to collect earth and stones, a contract and power of attorney made between the Plaintiff and the Intervenor are lawful and valid.

E. On the other hand, on February 2, 2015, the Defendant requested the Intervenor to submit supplementary documents to submit the final document confirming the representative director and the written consent to change the name of the final representative director on the grounds that the representative director and the present representative director were different at the time of reporting the change in the collection of earth and stone.

F. Around February 25, 2015, the Intervenor submitted a written agreement and power of attorney prepared by the Plaintiff and the Intervenor on November 2014, to the effect that the agreement and power of attorney were valid and approved by holding a board of directors on February 6, 2015, and submitted a written consent in the name of Plaintiff representative director D. Around March 2015, upon the Defendant’s request for additional supplement, submitted a written agreement, etc. prepared by D with the Intervenor as the representative director.

G. Thereafter, the Defendant on April 3, 2015.

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