산지전용허가거부처분취소
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. Details of the disposition;
A. The Plaintiff is a corporation established for the purpose of running the business of creating and operating the charnel Park facilities on the ground with approximately KRW 194,578 square meters of forest land in Ulsan-gun, Ulsan-gun, Ulsan-do and approximately KRW 98,000,000 per annum 167-8,000 per annum as the business site.
B. On October 19, 201, the Plaintiff filed an application with the Defendant for permission for conversion of the instant mountainous district on the land of 25,300 square meters in Ulsan-gun, Ulsan-gun, Ulsan-do, U.S., Seoul-do, U.S., Seoul-do, for a project period of 53,00 square meters, and for a project period of 25,300 square meters on the land of 25,300 square meters in U.S., Ulsan-do, Ulsan-do, U.S., the Plaintiff filed an application for permission for conversion of the said mountainous district on the land of 25,09 square meters in the said forest (hereinafter “instant land”).
AB made it.
The application for permission for mountainous district conversion was accompanied by a business plan, evidentiary documents regarding ownership in mountainous district or rights to use, topographical map indicating the planned mountainous district for mountainous district conversion, survey map of the planned mountainous district for mountainous district conversion, forest survey report, restoration plan, elevation and average slope survey report.
C. On November 18, 201, the Defendant prepared access roads in the size required by the Act on Funeral Services, Etc. in order to establish the instant bed party. The Defendant, due to the restriction under the Mountainous Districts Management Act, cannot open access roads in the instant application site. ② If the instant bed party is installed in the instant application site due to the restriction under the Mountainous Districts Management Act, the Defendant did not accept the report on the establishment of the instant bed party on the ground that there is a significant need for public interest to prevent the installation of the instant bed party.
The Plaintiff filed a lawsuit against the Defendant on November 7, 201 by filing a claim against the Defendant to revoke the revocation of the report on the establishment of the Dobong District, Busan District Court 201Guhap3009, and received the judgment in favor of the Plaintiff on November 7, 2012, and the Defendant is Busan High Court.