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1. The plaintiffs' primary claim and the conjunctive claim are all dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
Basic Facts
The status E Co., Ltd. (hereinafter referred to as “E”) is a company aimed at soil construction business, stone construction business, etc., and Plaintiff A and B are women, the joint representative director and shareholders of E, and Plaintiff C are children of Plaintiff A, who were shareholders of E.
Since April 28, 1992, E including permission to collect earth and stones from the Defendant, from around April 28, 1992, E obtained permission to collect earth and stones from the Defendant for the Republic of Korea on the mountain (hereinafter “the instant mountain”) located on the southwestwest side of the Do Island. On April 2003, E concluded an agreement between the Defendant and the Defendant for the collection of certain amount of earth and stones within the instant mountain and for the use only for government-funded works implemented by the Defendant. Accordingly, it obtained permission to collect earth and rocks from the Defendant as to each of the lands listed in the separate sheet in the instant mountain (hereinafter “each of the instant lands”).
After the expiration of the above permission period, E and the defendant entered into an agreement on the collection of earth and rocks with the period of use on May 30, 2008 from May 1, 2008 to April 30, 2012. However, around that time, the defendant filed a civil petition against the permission from H ( approximately 200 to 300 meters away from each of the land in this case) completed on the seaside side of the Hegsan, G residents and the instant village residents. The defendant filed a civil petition against the permission from E on June 24, 2008, on the condition that "the extended permission period shall be restricted to November 30, 2008," the restoration permission period shall be completed by submitting a restoration plan within the permission period and shall take measures to reduce scattering dust and noise and vibration, and the permission period shall be taken from June 31, 2009 to June 31, 2008."
E Around November 2008, approval of the restoration plan for each land of this case is granted.