산지전용 복구비 예치 처분 무효확인
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On September 6, 1995, the Defendant obtained from the Governor of Jeollabuk-do on the development plan for the Seongbuk-do hot spring resorts (the name was changed from May 30, 200 to the Yongsan-do hot spring resorts and hot spring resorts on May 30, 200; hereinafter referred to as the “Seocheon-do hot Spring Tourist”) with respect to the land outside 38, and 34, in accordance with Article 52(1) of the Tourism Promotion Act (hereinafter referred to as “instant land”).
B. On December 29, 199, the Plaintiff filed an application with the Defendant for permission to create a site (hereinafter “instant site development project”) among the projects to create a Seongbuk Hot Spring Hot Spring Tourist Site (hereinafter “instant project”). On December 29, 199, the Defendant permitted the Plaintiff to implement the instant site development project with the period of business four years from the date of permission, and the conditions of permission attached as follows, pursuant to Article 55(3) of the Tourism Promotion Act.
3. As regards forest land to be incorporated into a field related to forests, alternative afforestation expenses and diversion charges shall commence a project after payment has been made in accordance with a payment notice issued by the relevant department. They shall deposit 27,690,000 won for forest diversion charges, alternative afforestation expenses, and duty to pay for restoration expenses.
The method of deposit shall be cash, certificates of deposit, guarantee insurance policy arising from a construction mutual aid association, etc.
C. On December 29, 199, the Plaintiff, upon obtaining permission to implement the instant site development project pursuant to Article 55(3) of the Tourism Promotion Act, promised to pay alternative afforestation expenses, forest diversion charges, and restoration expenses from forest damage to the Defendant within the payment notification period of various public charges imposed by the relevant agency. On December 29, 1999, the Plaintiff submitted a written undertaking to pay charges due to forest damage to the effect that he/she will accept any administrative measures if he/she fails to fulfill his/her obligation without justifiable grounds.
The plaintiff shall establish a land readjustment project and establish a land readjustment project to the Governor of Jeollabuk-do branch.