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(영문) 청주지방법원 2014.11.20 2014구합11057
토석채취기간연장허가신청반려처분취소
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. The Plaintiff is a company that runs the business of collecting earth and stone, such as construction, sand, gravel, and rock, in a stone collection station located in the above 12-1 and mountain 12-5 (hereinafter “the instant stone collection station”) with its head office located in 12-1 and 12-5, Mansan, Mansan, Mansan-gun, Mansan-gun, Mansan-gun, Mansan-gun

B. In around 191, the Plaintiff obtained permission from the Defendant to collect earth and stone in the instant quarrying before obtaining permission to collect earth and stone continuously from the Defendant, and obtained permission to extend the period of permission to collect earth and stone again from the Defendant on April 8, 2003 by extending the period of permission to “from April 8, 2003 to December 30, 2007.”

C. On December 6, 2007, the Plaintiff filed an application with the Defendant for extension of the period for collecting earth and rocks to collect remaining store quantities after collecting stone from the amount of 2,400,000 cubic meters (based on the deposit deposit amount converted into aggregate; hereinafter the same shall apply) of the previous permitted quarrying permitted to the Defendant. On December 13, 2007, the Defendant requested the Plaintiff to supplement the following: “The period for collecting earth and rocks shall be extended from the date following the expiration date of the permission until December 30, 2012.” On December 13, 2007, the Defendant requested the Plaintiff to submit a written consent of the owner and resident of the house located within 300 meters from the boundary of the permitted area for collecting earth and rocks, and thereafter, on January 15, 2008, the Plaintiff rejected the Plaintiff’s application for extension of the period for collecting earth and rocks.

On March 14, 2008, the plaintiff appealed against the defendant, and filed a lawsuit against the defendant to refuse to file an application for the extension of the collection of earth and stone (2008Guhap391) with the Cheongju District Court. On December 11, 2008, the above court rendered a favorable judgment against the plaintiff. The above judgment became final and conclusive around that time.

E. Accordingly, on January 19, 2009, the defendant is required to prepare and submit a restoration plan for the place where quarrying work is completed before the extension of the period after issuance of a permit.

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