사용수익허가(갱신) 거부처분 취소 청구의 소
1. The Defendant’s rejection disposition of renewal of permission for use of State property against the Plaintiffs on March 2, 2017 is revoked.
2...
1. Details of the disposition;
A. On December 10, 2015, the Plaintiffs, including the Plaintiffs’ permission for development activities, filed an application with the Defendant for permission to engage in development activities (including conversion consultation) involving the change of the form and quality of the instant forest pursuant to Article 56(1) of the National Land Planning and Utilization Act on the part of 4,368 square meters of land for neighborhood living facilities (hereinafter “the instant forest”) in Seo-gu Incheon, Seo-gu, Incheon, which is owned by the Plaintiff A, in order to build a building for the use of neighborhood living facilities on the land for the purpose of use of the instant forest. The instant forest was in a state where there was no entry connected to the public road. The instant forest was located between the instant forest and its neighboring public road (Do road, local road, and Dong), which is the State property registered as the administrative property of the Ministry of Land, Infrastructure and Transport under the jurisdiction of the Ministry of Land, Infrastructure and Transport.
Article 20 (6) [Attachment 4] of the Enforcement Decree of the Management of Mountainous Districts Act to obtain permission for the diversion of the forest of this case from the Plaintiffs on February 16, 2016
1. (e);
10) Pursuant to the foregoing, it is necessary to supplement the requirements related to roads to be used for conversion of a mountainous district. (b) The Plaintiffs, including the Plaintiffs’ application for permission to use State property, etc., did not enter the Defendant on May 10, 2016 as necessary for the conversion of the forest of this case. As such, the part of 32 square meters among state-owned land and the part of 111 square meters among the land of Seo-gu Incheon, Seo-gu, Incheon (hereinafter “instant state-owned land”).
The Defendant filed an application for permission to use state-owned property with the permission to use the forest of this case as the site for entry into the forest of this case connected with the above meritorious service, and filed a construction plan plan with a view to installing an access route with a width of 6 to 8 meters on the State-owned land of this case.
On June 2, 2016, the Defendant, on June 2, 2016, uses the State-owned land of this case for the purpose of using it as “entry route”, and the period of permission as “from June 3 to December 31, 2016”.