logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2016.12.07 2016구합101494
토석채취변경허가신청반려처분등취소
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. Permission to collect earth and rocks from the Plaintiff 1) The Defendant on July 4, 2008 (hereinafter “Thosung Industrial Development”) is Samsung Industrial Development Co., Ltd. (hereinafter “Thosung Industrial Development”).

32,788 square meters (hereinafter “instant land”) out of the forest land B in Cheongyang-gun, Chungcheongnam-gun, Chungcheongnam-do.

(2) From June 12, 2008 to June 30, 2011, the Minister of Land, Infrastructure and Transport (hereinafter “the Minister of Land, Infrastructure and Transport”) granted a permit to collect earth and rocks on the instant land from Samsung Industrial Development to June 30, 201. (2) The Minister of Land, Infrastructure and Transport acquired the earth and rocks business on the instant land from Samsung Industrial Development on April 201. Accordingly, on April 12, 201, the Minister of Land, Infrastructure and Transport obtained a permit to change the name of the person who obtained the permit to collect earth and rocks on the instant land from the Defendant to the re-permanent industry.

Since January 2013, the re-young industry obtained permission to change the permission period from the defendant by December 31, 2015.

3) On May 2013, the Plaintiff acquired earth and stone collection business from the re-permanent industry. Accordingly, around May 2013, the Plaintiff changed the name of the person permitted to collect earth and stone on the instant land from the Defendant to the Plaintiff (hereinafter “instant permission”).

B) The Defendant’s refusal to grant permission was issued. B. The Plaintiff filed an application with the Defendant for extension of the period of permission to collect earth and stones from approximately 78,777 cubic meters of the quantity of earth and stones collected until the time, among the quantity of earth and stones collected, on December 28, 2015, for the extension of the period of permission to collect earth and stones by December 31, 2016, and the Defendant rendered a disposition of refusal on January 21, 2016 for the following reasons (hereinafter “instant disposition”).

- - Future -

A. The instant land is an area linked to natural scenery, tourist resort, etc., such as C Park, D Experience Site, Natural Recreation Forest, E reservoir, etc., and is feared to damage the scenery and water pollution of a reservoir following the collection of earth and rocks

(b) The occurrence of noise, vibration, dust, damage to crops livestock, danger of traffic accidents caused by entry vehicles, etc. in connection with the gathering and removal of earth and rocks during the period.

arrow