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(영문) 청주지방법원 2016.11.10 2016구합10508

사업계획승인취소처분취소 등

Text

1. Of the instant lawsuit, the part concerning the claim for revocation of permission for mountainous district conversion shall be dismissed.

2. The plaintiff's remaining claims.

Reasons

1. Details of the disposition;

A. On May 27, 2014, the Plaintiff filed an application with the Defendant for approval of a business plan for the establishment of a small and medium enterprise pursuant to the relevant Acts and subordinate statutes, such as the Support for Small and Medium Enterprise Establishment, etc., to establish a factory using 15,410 square meters among 22,401 square meters of L22,401 square meters of gas and fields in Chungcheongnam-gun, Chungcheongnam-do prior to the merger, and 7,334 square meters of M forest prior to the merger, on June 10, 2014, for the establishment of a manufacturing-production factory using 1,385 square meters of waste raw timber on the ground of 7,385 square meters of M forest and fields.

B. On October 2, 2014, the Defendant rendered a disposition to grant permission for a project plan deemed as permission for a mountainous district conversion, etc. (hereinafter “instant project plan”).

C. Since then, the Defendant confirmed that a violation occurred, such as the collapse of tin, etc. while the Plaintiff performed the construction work of piling up stone, as otherwise stipulated in the approval of the instant project plan, and the Plaintiff’s restoration to original state, the prevention of disasters, and the promotion of implementation of the matters agreed upon. As the Plaintiff failed to implement this, on January 8, 2016, the Defendant was aware that the matters regarding the conversion of mountainous district agreement were revoked (hereinafter “the instant notification”).

In addition, on March 18, 2016, the Defendant rendered a disposition revoking the approval of the instant project plan on the ground that it was impossible to establish a factory due to revocation of permission, etc. for changing the form and quality of land (Revocation of Permission for Conversion of Mountainous Districts) (hereinafter “instant disposition”).

E. The Intervenor joining the Defendant (hereinafter “Supplementary Intervenor”) is a resident living around the Plaintiff’s project site.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 5, 11, 14, 15 (including provisional number; hereinafter the same shall apply), Eul evidence 1 to 12, and the purport of the whole pleadings

2. The attachment to the relevant Acts and subordinate statutes shall be as follows;

3. Whether the part concerning revocation of permission for mountainous district conversion (the notification of this case) is legitimate among the lawsuits in this case.