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(영문) 대전지방법원 2018.11.29 2018구합359
농지전용변경허가취소처분취소
Text

1. The plaintiff's lawsuit of this case is dismissed.

2. The application for intervention by the co-litigants shall be dismissed; and

3. Of the costs of lawsuit.

Reasons

1. Details of the disposition;

A. On November 27, 2000, the Plaintiff purchased 2,929 square meters of D forest land in Seosan-si (hereinafter “instant project site”) from C, and received an appropriate notification from the Defendant on February 10, 201 on the waste treatment business plan.

After September 3, 2001, the Plaintiff received a written statement from E that he consented to the use of the instant project site as a waste disposal project site, and sold the instant project site to E on September 10, 201.

B. On October 31, 2001, the Plaintiff obtained a farmland diversion permit from the Defendant for the purpose of using the instant project site as the site for construction waste interim disposal site. On May 22, 2002, the title holder of the said farmland diversion permit was changed from the Plaintiff to the co-litigation intervenor (hereinafter “participating applicant company”).

On the other hand, the permission to change the farmland was attached to the "I shall obtain a report on the change of the business plan under Article 26 of the Wastes Control Act."

C. As the appropriate notification of the business plan in the above paragraph (a) loses its validity after the lapse of three years, which is the period for filing an application for permission for waste treatment business, the Plaintiff received a proper notification of the business plan on December 9, 2004 from the Defendant on the condition that he installs an intersection in the instant project site, and received a ruling on May 31, 2005 from the Cheongnam-do governor on May 31, 2005 that the condition of installing the said intersection was revoked.

Since June 5, 2008, the Defendant extended the period of application for a waste disposal business license pursuant to the above business plan on June 5, 2008, but did not apply for a waste disposal business license within the period of application. On May 11, 2009, the Plaintiff notified the Plaintiff that the appropriate notification of the waste disposal business business plan should become extinct if the application for a license is not filed within June 7, 2009, which is the aforementioned period of application for a license. Nevertheless, the above application for a license was not filed on June 8, 2009.

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