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(영문) 전주지방법원 2019.06.12 2018구합3100
복구설계변경 불승인 처분취소
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 April 16, 2018, the Plaintiff obtained approval for the restoration design from the Defendant for the restoration expenses of KRW 855,060,000, and the restoration period from April 16, 2018 to November 2, 2018, with respect to the amount of KRW 57,167 square meters (the place where the permission is completed 49,044 square meters, where illegal damage occurred, 8,123 square meters) of KRW 49,000,000.

B. On November 2, 2018, pursuant to Article 40(1) of the Management of Mountainous Districts Act and Article 42 of the Enforcement Rule of the same Act, the Plaintiff obtained permission from the Defendant to November 2, 2018 from the date of approval, but the Corporation was delayed due to our financial standing. An application for approval to revise a plan to revise a plan to revise a plan to reinstate a mountainous district for the restoration of a mountainous district, on the ground that “The period of recovery once extended by November 2, 2019 to complete the restoration work at the site where the collection of earth and rocks was completed.”

(hereinafter referred to as “instant application”). C.

On November 8, 2018, the Defendant rendered a non-approval of the change of design for restoration (hereinafter “instant disposition”) to the Plaintiff on the following grounds:

2. A modification of the period of restoration works must be limited to the guarantee period of the payment guarantee of restoration expenses pursuant to Article 42(6) of the Enforcement Rule of the Mountainous Districts Management Act;

3. It is not possible to approve the plan for the restoration of a new shipment from Ear company because the guarantee certificate whose guarantee period, etc. has not been submitted, the expiration date of the guarantee period of the deposit for the restoration expenses, and the long-term neglect of restoration works between the expiration date of the guarantee period of the deposit for the restoration expenses;

4. Since the recovery within the period of recovery already approved has not been completed, a plan to designate an agent to perform recovery on behalf of the agent under Article 41 of the Mountainous Districts Management Act and to take measures to appropriate the expense with the deposited recovery expense will be taken on the basis of this point.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 2 (including branch numbers, if any) and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion is as follows.

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