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(영문) 수원지방법원 2015.08.25 2014구합54166

산지전용허가 효력소명에 따른 복구명령취소

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Details of the disposition;

A. On July 15, 2008, A obtained permission for conversion of mountainous districts from the Defendant for the purpose of exclusive use with respect to B forest No. 2,089 square meters (2,215 square meters of C forest land before registration conversion was made on May 1, 2013; hereinafter “instant land”) from the Defendant for the period from July 15, 2008, as Class II neighborhood living facilities (manufacturing business), and from July 15, 2008 to July 30, 2010.

B. On January 13, 2009, the Plaintiff obtained a permit from the Defendant to convert the said mountainous district to a neighborhood living facility (manufacturing facility, restaurant, or office) for change of the purpose of exclusive use. On August 19, 201, the Plaintiff obtained a permit to extend the period of permission from August 19, 2010 to July 201, but failed to complete the intended project by July 30, 201, within the said period of permission.

C. The Defendant, following a hearing on May 2, 2012, reserved the revocation of permission for mountainous district conversion on June 11, 2012 on the condition that the Plaintiff completed the Plaintiff’s intended business. D.

In order to complete construction and restoration as a target project, the Plaintiff submitted to the Defendant a construction period of construction pursuant to Article 40(1) of the Management of Mountainous Districts Act and Article 42 of the Enforcement Rule of the same Act to the Defendant, which is seven months from the approval date of the restoration plan, and the Defendant approved it on November 19, 2012.

E. On July 2, 2013, the Plaintiff submitted to the Defendant a modified design to request the extension of the construction period without completing the restoration within the construction period specified in the above restoration plan by seven months from the approval date of modification of the restoration plan. On July 2, 2013, the Defendant notified the Defendant that if an application for the completion of restoration works is not completed within the modified restoration period and the application for the completion of restoration works is not made, it

F. As the Plaintiff failed to complete construction by February 2, 2014, which is the construction period under the revised plan for restoration, the Defendant converted the mountainous district to the Plaintiff on March 19, 2014 pursuant to Article 39 of the Management of Mountainous Districts Act.