logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2014.11.27 2014구합52528
산지복구의무 부존재확인
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. On June 13, 200, Plaintiff A changed the name of each administrative district on March 21, 2001, 200, the Fransung-gun Fransung-gun, F, E, and January 29, 2007, the name of each administrative district was changed. G forest 6,248 square meters (hereinafter “the forest before the instant division”).

(2) On July 27, 2004, the forest land prior to the said subdivision is 4,740 square meters of G forest land, 5,293 square meters of H forest land, and 56,215 square meters of D forest land (hereinafter the above D forest land is referred to as “instant forest land”).

2) On March 30, 2007, Plaintiff A donated 16,500/56,215 shares of the forest of this case to Plaintiff B and C, and completed the registration of transfer of shares in Plaintiff B and C’s name.

B. The Defendant’s permission to collect earth and stones, etc. 1) Promotional Daisan Co., Ltd. (hereinafter “Promotional Daisan”).

(2) On July 2, 200, the Plaintiff obtained the consent from the Plaintiff to use the land in relation to the collection of soil and rocks in the forest before the instant partition, and on November 15, 2000, entered into a contract between the Defendant and the Seoul Guarantee Insurance Co., Ltd. for authorization and permission of a considerable amount of deposit for restoration expenses with the Defendant and the insurance period up to June 30, 2006, and around that time, 21,320 square meters out of the forest before the instant partition from the Defendant (limited to the part of the instant forest at present).

(1) The term “instant permission to collect earth and stones” refers to the permission to collect earth and stones until December 31, 2005 (hereinafter “instant permission to collect earth and stones”).

(2) On May 17, 2003, the Defendant changed the name of the person who obtained permission to collect the above permission to a pan-government company (hereinafter “pan-government company”) to a pan-government company. After a dispute over the transfer of business rights between the promotion stone mountain and the pan-government, the Defendant restored the name of the person who obtained permission to the promotional mountain on May 4, 2007 according to the final judgment, etc. of the Supreme Court, and extended the period of permission until July 30, 2007.

3. Meanwhile, when the defendant re-applications for permission to collect earth and rocks on August 1, 2007 on the grounds that the promotional stone production period expires, the defendant shall restore the earth and rocks to the original state.

arrow