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(영문) 부산지방법원 2019.05.31 2018구합25265
골재채취허가내용의 변경승인신청 불가처분취소청구의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Details of the disposition

On March 28, 2012, the Plaintiff accepted a report on the selection and crushing of aggregate against the Plaintiff is a corporation established for the purpose of producing and crushing aggregate. On May 2012, the Plaintiff filed an application with the Defendant for permission for temporary use of the instant land upon filing a report on the selection and crushing of aggregate in order to conduct a business of screening and crushing aggregate in the area of 4,370 square meters of 16,719 square meters of land B, Seo-gu, Busan (hereinafter “instant land”).

On June 5, 2012, the Defendant sought opinions from the relevant departments, and the period of temporary use permission of the instant land to the Plaintiff is within two years and the project should proceed without forest damage. In accordance with Article 19(5) of the Mountainous Districts Management Act, the Defendant paid KRW 11,187,200 for expenses incurred in creating forest replacement resources pursuant to Article 19(5) of the Mountainous Districts Management Act, and the temporary use of the instant land

Accordingly, on June 7, 2012, the Defendant accepted a report on the selection and crushing of aggregate with the content that the instant land and C forest land 610 square meters applied by the Plaintiff as the place of business, the production quantity of which is 100,000 square meters/year (400 square meters/per day) and the production period from June 7, 2012 to June 6, 2014.

(2) On November 13, 2014, the Defendant imposed an administrative fine of KRW 500,00 on the Plaintiff on the ground that the Plaintiff continued to operate aggregate extraction business on the instant land without filing a report on the change of temporary use under the latter part of Article 15-2(2) of the Management of Mountainous Districts Act, even though the period of permission for temporary use of a mountainous district expires two years after the period of permission for temporary use of a mountainous district expires, and the Defendant paid an administrative fine of KRW 500,00,00,00,000, which was imposed by the Plaintiff due to his/her failure to report on the change of temporary use of a mountainous district, on the condition that the Plaintiff would pay an administrative fine of KRW 500,00,00,00,00,000,000,000,

Since then, the Plaintiff’s land of this case.

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