대집행복구 및 복구비청구취소
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On January 18, 2017, the Defendant notified the Plaintiff that “the Plaintiff deposited KRW 10,561,000 for restoration expenses up to January 25, 2017, on the ground that “the Plaintiff, without obtaining permission for the diversion of a mountainous district under Article 14 of the Management of Mountainous Districts Act, damaged the Plaintiff’s KRW 749 square meters of land (hereinafter collectively “instant land”) outside the Gangseo-gun, Gangwon-do, and one parcel (hereinafter collectively “the instant land”).
B. Accordingly, on February 21, 2017, the Plaintiff submitted to the Defendant a guarantee insurance policy issued by the Seoul Guarantee Insurance Co., Ltd. with the insurance policyholder as the Plaintiff, the insured as the Crossing-gun, the insurance amount of KRW 10,561,00, and the insurance period from January 18, 2017 to August 31, 2018.
C. On March 18, 2017, the Defendant notified the Plaintiff that a restoration design should be prepared pursuant to Articles 44 and 40 of the Management of Mountainous Districts Act and submitted it by March 30, 2017.
The Plaintiff filed an application with the Defendant for approval of a plan for restoration pursuant to Article 40(1) of the Management of Mountainous Districts Act around May 2017. However, on or around May 12, 2017, the Plaintiff was notified by the Defendant that some of the plans for restoration will be supplemented by May 25, 2017. The Plaintiff was notified that it will supplement the plan by June 7, 2017.
E. Around June 2017, the Plaintiff filed an application with the Defendant for approval of the design for recovery with the period of restoration work as KRW 13,540,000, and six months, by supplementing the matters requested by the Defendant for supplementation.
F. On June 12, 2017, the Defendant notified the Plaintiff that the restoration was completed on July 14, 2017, according to the details approved for the restoration design, but if the restoration is not performed, the restoration is performed by proxy pursuant to Article 41 of the Management of Mountainous Districts Act (hereinafter “Notice as of June 12, 2017”); and the attached “the details of approval for the plan for the restoration of illegally converted mountainous districts” is indicated as “the period of restoration as of July 14, 2018 (1).”
G. The Defendant’s restoration to the Plaintiff on July 31, 2017, and by July 14, 2017.