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(영문) 광주지방법원 2015.07.16 2014구합11960
토석채취허가취소처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On March 21, 2013, the Plaintiff, a corporation established for the purpose of collecting earth and rocks, etc., obtained permission for collecting earth and rocks from the Defendant with respect to 16,000 square meters of forest land of 256 m28,098 m256 m28,098 m2 (hereinafter “the instant mountainous district”), from the Defendant, the period of permission for collecting earth and rocks from March 31, 2013 to February 28, 2016 (hereinafter “instant permission”), the type and quantity of which are 72,131 m2,00 cubic meters of the instant mountainous district.

B. On July 16, 2014, the Defendant confirmed that the Plaintiff, using unmanned helicopter, took aerial photographys in the airspace above the instant mountainous district, and confirmed that the Plaintiff was carrying out the work of shouldering and gathering stone in 251, the Gyeongnam-gun, the Gyeongnam-gun, the Republic of Korea, the mountainous district of this case and its neighboring land.

C. On May 27, 2014, the Defendant notified the Plaintiff of the suspension of business from May 27, 2014 pursuant to Article 31 of the Management of Mountainous Districts Act on the ground that “In the course of collecting and gathering earth and rocks, in cases of extracting and gathering rocks of natural rocks or underground rocks, the Defendant did not obtain permission and report to collect earth and rocks,” and notified the Plaintiff of the suspension of business from May 27, 2014, pursuant to Article 31 of the Mountainous Districts Management Act. The Defendant applied for permission to collect earth and rocks (50,000 square meters or more) pursuant to Article 25 of the Mountainous Districts Management Act and Article 36 of the Enforcement Decree of the same Act, or notified the Plaintiff of the restoration plan following the recovery of mountainous districts under Article 39 of the same Act by August 31, 2014.

On August 25, 2014, the Defendant notified the Plaintiff of the suspension of business as of May 27, 2014. In addition, the Defendant notified the Plaintiff of the purport that it may suffer disadvantages, such as the cancellation of permission under Article 31 of the Mountainous Districts Management Act, and that it may apply for permission to collect earth and stones (not less than 50,000§³) pursuant to Article 25 of the Mountainous Districts Management Act and Article 36 of the Enforcement Decree of the same Act, or submission of a plan for restoration following the recovery of mountainous district under Article 39 of the same Act by August 31, 2014.

E. The defendant

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