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(영문) 대법원 2018.11.09 2015다251935
공사금지 등
Text

The judgment below

The part against the plaintiffs in attached Form 1 shall be reversed, and this part of the case shall be the Busan High Court.

Reasons

The grounds of appeal are examined.

1. As to the Plaintiffs’ grounds of appeal listed in Appendix 1

A. The lower court acknowledged the following facts based on the records.

1) On May 22, 1995, the Tong Young-si City Mayor for the purpose of gathering earth and sand that will be required for the reclamation work of the public waters BE in Tong Young-si (hereinafter “instant land”) out of BF and 89 lots (hereinafter “instant land”).

2) As to the disposition of permission to change the form and quality of land in which soil and stone are collected in 929,182 cubic meters (hereinafter “instant permission to change the form and quality of land”).

(2) Defendant Tong Young-si suspended the collection of earth and stone on June 3, 1996 and waived the collection of soil and sand for reclamation at the same time while collecting earth and stone on the instant land (hereinafter “the instant earth and stone”) in accordance with the instant earth and stone gathering disposition in accordance with the instant earth and stone gathering disposition.

3) On January 21, 1997, Defendant Tong Young-si, Inc. (hereinafter “BH”) for this purpose.

(A) The Plaintiff entered into an agreement with the Plaintiff to perform a large number of restoration projects on the instant land, and on February 15, 2001, Defendant Tong Young-si and Defendant A Co., Ltd. (hereinafter “A”).

The agreement was reached between Defendant A and B on January 21, 1997 to succeed to the rights and obligations of BH under the Agreement on the Implementation of the Preliminary Recovery Project. On the basis of this agreement, the Tong Young market changed the name and quality of the land from Defendant Tong Young-si to Defendant A, and the outline of the project from March 9, 2001 to “BE collection of soil and sand collection site,” etc., and changed the form and quality of the land, the gathering of soil and stone, the permission of change of development activities with the contents of permission (hereinafter “the permission of change of development activities”) with the contents of permission of the development activities in this case.

4) The Common Forestry Act was amended by Act No. 6841, Dec. 30, 2002; hereinafter “former Forestry Act”) without going through consultation procedures with the relevant departments while issuing the instant disposition of permission to alter the development activities.

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