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(영문) 대전지방법원 2016.09.29 2016구합317
거부처분 취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The instant permission to collect earth and stones and the Defendant’s request for supplementation of the Defendant’s consent to land use 1) The Plaintiff was a corporation established on August 16, 1996 for the purpose of the reinforced concrete construction business, housing construction business, and building materials sales business, etc., and two lots (total area of 60,791m2, hereinafter “instant permission”).

(C) permitted number C of the earth and stone collection (hereinafter “instant permission”) for stone and earth and sand

(2) At the time of obtaining the instant permission to collect earth and rocks, the Plaintiff submitted a written consent to the land use of the instant land from E, the owner of the land D (area 16,461 square meters, hereinafter “instant land”) located in the instant permission area, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, Seoul (hereinafter “instant land”).

3) On January 23, 2015, while the Plaintiff collected earth and rocks pursuant to the instant permission, E submitted a written withdrawal of consent to use of the instant land to the Defendant on January 23, 2015. Accordingly, the Defendant asked in the Korea Forest Service that “When a forest owner withdraws consent to the permission to use earth and rocks, the validity of the permission to use earth and rocks shall remain effective until the permission period expires, or whether it is subject to suspension or cancellation.” On February 9, 2015, the Minister of the Korea Forest Service issued a document proving ownership of, or right to use, a mountainous district that the owner of a mountainous district intends to obtain permission pursuant to Article 24(1)3 of the Enforcement Rule of the Mountainous Districts Management Act has to submit a document verifying the right to use or benefit from a mountainous district, if the owner of a mountainous district withdraws the right to use or benefit from a mountainous district after holding a hearing pursuant to Article 49 of the Mountainous Districts Management Act for a certain period of time, the Defendant responded to the two written consents at the time of the permission.

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