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(영문) 인천지방법원 2018.06.14 2018구합50516
골재선별ㆍ파쇄신고수리취소처분취소 등 취소
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The Plaintiff, in the course of the disposition, was granted permission for and filed a report with respect to the land 5,072 square meters (land category paddy field; hereinafter “instant farmland”), including Kimpo-si, Kimpo-si, Kimpo-si, 901, 902, 905, and 906-2.

- Permission for development activities on May 8, 2015 (Article 56 of the National Land Planning and Utilization Act): for the purpose of permission: “Creation of a site for a temporary camping site”; the period of permission from May 8, 2015 to April 30, 2018; the temporary use of farmland for other purposes (Article 36 of the Farmland Act): “Temporary use of farmland for the purpose of temporary use”; the period of use from May 11, 2015 to April 30, 2018 (the restoration of farmland after the expiration of the period of use); the Minister of Land, Infrastructure and Transport issued an order to temporarily revoke the permission from the Plaintiff for the temporary use of farmland for other purposes (Article 32 of the Aggregate Extraction Act); the Minister of Land, Infrastructure and Transport issued an order to temporarily remove aggregate from the 20th of August 12, 2015 to 208.

(hereinafter “each disposition of this case”). [Grounds for recognition] Nos. 1 to 11 of this case, the purport of the whole pleadings

2. As to the legitimacy of the instant lawsuit, the Plaintiff asserted that each of the instant dispositions is unlawful, since the Plaintiff did not introduce rocks in the instant farmland to another field, other than the field of Kimpo Urban Transit Corporation, and did not have selected and crushed, and only the rocks in the field of Kimpo Urban Transit Corporation should be carried in from the instant farmland, and the instant farmland does not require the screening and crushing.

A lawsuit seeking the cancellation of an administrative disposition shall exclude any unlawful state arising from such disposition.

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