The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Details of the disposition;

A. On February 2, 2019, the Plaintiff registered the land aggregate extraction business to the Defendant, and reported on the 5,350 square meters of land outside B and six parcels (hereinafter “instant land”).

B. However, on July 16, 2019, the Defendant discovered the fact that the Plaintiff arbitrarily extracted aggregate from 6,897 square meters exceeding the area reported as a site for the selection and crushing of aggregate without obtaining permission to extract aggregate.

C. Since August 30, 2019, the Plaintiff, a part of the above reported land, obtained permission to extract aggregate of 10,696 cubic meters of the collected volume of 5,067 square meters, from August 20, 2019 to May 30, 2020; and the restoration area of 5,067 square meters.

On October 22, 2019, the Defendant rendered a disposition of business suspension for six months pursuant to Article 19(1)8 of the Aggregate Extraction Act (hereinafter “instant disposition”) to the Plaintiff that “the Plaintiff performed the extraction of aggregate without obtaining permission.”

E. The Plaintiff and the Plaintiff’s representative director were indicted of violating the Aggregate Extraction Act on April 28, 2020 due to criminal facts, such as collecting aggregate without obtaining permission from the competent authority, and were convicted of violation of the Aggregate Extraction Act (the Plaintiff’s representative director is sentenced to imprisonment for six months, one year of suspended execution, and five million won of fine).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 4, 5, Eul evidence Nos. 1 to 6 (including paper numbers), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion: (a) in the process of creating a pool to clean aggregate crushed to screen and crush aggregate in the instant land, the Plaintiff cut about about 10 ditches adjacent to the instant land (hereinafter “instant ditches”) and collected part of the said ditches and gravel without permission; (b) immediately after the discovery thereof around July 2019, the Plaintiff restored the said ditches to the original state; and (c) obtained permission to extract aggregate.