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(영문) 청주지방법원 제천지원 2018.08.08 2016가단2372
약정금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On September 2013, the Plaintiff and the Defendant concluded an agreement with the effect that “The Plaintiff shall obtain the consent of land use from the owner of the land outside C and two parcels incheon-si, and then obtain the permission of aggregate extraction from the Jeju-si so that the Defendant may gather aggregate at the above place, the Defendant shall pay the Plaintiff the money calculated as KRW 500 per aggregate per aggregate per 1 project carried out of the Plaintiff (hereinafter “instant agreement”).

(b) After that, on September 6, 2013, the Mayor of Seocheon City: (a) Articles 32 and 32 of the former Aggregate Extraction Act (amended by Act No. 12970, Jan. 6, 2015; hereinafter the same shall apply) (i) Articles 32 and 32 of the former Aggregate Extraction Act (amended by Act No. 12970, Jan. 6, 2015; hereinafter the same shall apply) (i) Articles 32 of the following, such as reporting on screening, washing, etc. of aggregate, a person who intends to screen, clean, or scrap aggregate of at least the scale prescribed by Presidential Decree, which falls under any of the following cases, shall file a report thereon with the head of the competent Si/Gun/Gu, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport:

1. Where a person intends to screen or crush aggregate supplied with rocks;

2. Where a person intends to screen or clean aggregate supplied by others;

3. Where a person intends to screen aggregate supplied with raw materials for aggregate;

4. Where a person intends to screen, clean, or crush aggregate incidentally extracted without legal fiction of permission to extract aggregate under this Act, among projects implemented pursuant to other statutes;

5. Where a person who has reported the extraction of aggregate intends to change the details reported by the person who has reported the extraction of aggregate after importing aggregate.

Provided, That the same shall not apply to any modification to insignificant matters prescribed by Presidential Decree.

(3) Articles 22 (6), 30, and 33 shall apply mutatis mutandis to a person who has filed a report on screening, washing, or crushing of aggregate.

A report on the screening and crushing of aggregate shall be made pursuant to the provisions of the above.

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