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(영문) 대전지방법원서산지원 2015.09.10 2014가합2000753

손해배상(기)

Text

1. The Defendant’s KRW 60,906,690 as well as the Plaintiff’s annual rate from August 22, 2015 to September 10, 2015.

Reasons

1. Basic facts

A. On November 11, 201, the Plaintiff, a corporation established for the purpose of distributing, processing, selling agricultural products, etc., was an animal and plant-related facility [the instant land] 6,090 square meters of farmland 33,459 square meters in Taedong-gun, Chungcheongnam-do (hereinafter “instant land”). After the instant land was converted into 135-1 forest 32,771 square meters in the same Ri on January 28, 2013, 135-1 forest 25,872 square meters in the same Ri 135-1 forest 25,872 square meters in the same Ri 135-2 forest 6,090 square meters in the same Ri 135-3,809 square meters in the same Ri 135-3,09 square meters in the same field, the Defendant received the instant building report on farmland cultivation [the 50 square meters in the same building site and 22,1384 square meters in the same area] 14.

Article 11 (1) of the Building Act shall be permitted by the Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu.

(5) A building permit granted under paragraph (1) shall be deemed to have been granted or reported under the following subparagraphs, and permission, authorization, etc. under the relevant Acts shall be deemed granted or reported under Articles 13-2 and 14 of the Industrial Cluster Development and Factory Establishment Act in cases of a factory building:

5. Permission for or reporting on conversion of a mountainous district under Articles 14 and 15 of the Mountainous Districts Management Act, or permission for or reporting on temporary use of a mountainous district under Article 15-2 of the same Act, in any of the following cases, if a building subject to permission under Article 11 falls under any of the following subparagraphs, it shall be deemed that permission for construction has been granted

(2) Article 11 (5) shall apply mutatis mutandis to a building report under paragraph (1).

Article 14 (1) of the Mountainous Districts Management Act.