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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. The Plaintiff is a corporation established on February 19, 201 for the purpose of construction waste collection and transportation business.
The plaintiff's main business is transporting concrete crushings, building removal residuess, etc., which are construction waste, in the construction site, and shipping them again after being loaded, and the plaintiff will work using excavation devices and large trucks.
B. On December 15, 2010, pursuant to Article 56(1)5 of the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”), the Plaintiff obtained permission for development activities (excluding scrap metal) for piling construction waste (hereinafter “instant development activities”) from the Defendant for three years from December 15, 2010 to December 14, 2013 (hereinafter “instant development activities”).
In addition, on May 17, 201, the Plaintiff installed a construction waste storage facility, etc. on the instant land with approval for installation of a temporary storage facility from the Defendant and operated the temporary construction waste storage business.
C. On December 13, 2010, prior to the permission of the instant development act, the Plaintiff prepared and submitted to the Defendant a letter of commitment that “if the Defendant establishes and implements a development plan, such as an urban planning facility project, with respect to the whole land of the instant case, the Plaintiff shall immediately remove and transfer the instant land without compensation before the commencement of the project so as not to cause any trouble to the Defendant’s development project even before the expiration of the permission period, and shall comply with the Defendant’s administrative guidance.” At the time of the permission of the instant development, the Plaintiff and the Defendant agreed that “the instant land will be restored to farmland upon the expiration of the permission period.”
Meanwhile, the Defendant decided to restrict permission for development activities with respect to its surrounding areas, including the instant land, and followed the “public announcement of perusal of restriction on permission for development activities,” which is a resident’s hearing procedure on June 7, 2013.