beta
(영문) 광주지방법원 2015.06.25 2015구합10841

산지일시사용 기간연장 불허가 통보 처분 취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

The Plaintiff is a co-owner of B forest 30,083 square meters in Jeonnam-gun, Namnam-gun (hereinafter “instant forest”), and is engaged in manufacturing, mining, and wholesale business, such as kain, kain, kain, and kain in the instant forest, with the trade name “C,” in which the Plaintiff obtained permission for mining under the Mining Industry Act.

On April 1, 2010, pursuant to Article 14(1) of the former Management of Mountainous Districts Act (amended by Act No. 10001, May 31, 2010; hereinafter the same), the Defendant granted the Plaintiff permission for conversion of mountainous district (hereinafter referred to as “previous permission”) by setting the place of mountainous district as the forest of this case, the area of mountainous district to be 18,915 square meters, the purpose of mountainous district conversion to be development, and the period of conversion to be from March 26, 2010 to February 28, 2015.

Plaintiff

등과 D리 산림계 사이의 화해권고결정 이 사건 임야의 공유자인 원고ㆍEㆍF(이하 ‘원고 등’이라 한다)은 2013. 4. 23. D리 산림계를 상대로 D리 산림계 소유인 전남 해남군 G 임야 2,174,036㎡(이하 ‘산림계 소유 임야’라 한다) 중 별지1 감정도 표시 ㄱ, ㄴ, ㄷ, ㄹ, ㅁ, ㅂ, ㅅ, ㅇ, ㅈ, ㅊ, ㅋ, ㅌ, ㅍ, ㅎ, ㄱ1, ㄴ1, ㄷ1, ㄹ1, ㅁ1, ㅂ1, ㅅ1, ㅇ1, ㄱ의 각 점을 순차로 연결한 선내 (나) 부분 3,354㎡(이하 ‘임차부분 임야’라 한다)에 관하여 소유권이전등기 절차를 이행하라는 취지의 소송(광주지방법원 해남지원 2013가단20240호)을 제기하였다.

On March 10, 2014, the above court made a ruling of recommending reconciliation with the following contents, and the above ruling of recommending reconciliation was finalized on March 27, 2014.

1. Dri Forest System shall lease the leased forest land to the Plaintiff, etc. under the following conditions:

The term of lease shall be one year from March 1, 2014 to February 28, 2015, and if the plaintiff, etc. obtains a renewed mining business license in the forest of this case, the term of lease shall be extended by up to the period of permission.

(b) The annual rent shall be KRW 3,000,000, but shall be from January 1, 2012 to January 2014.