대체산림자원조성비처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. The Plaintiff is a party’s position 1) The Plaintiff is a 18,562 square meters of forest land B in Gyeongbuk-gun, Chungcheongnam-do (hereinafter “instant land”).
(1) A building listed in [Attachment 1] List 1 (hereinafter “instant building”) located
2) The instant land constitutes a quasi-preserved mountainous district under the Mountainous Districts Management Act. The instant land constitutes a quasi-preserved mountainous district under the Mountainous Districts Management Act.
B. 1 New Housing Co., Ltd. (hereinafter “New Housing”)
(2) On March 26, 1996, the Defendant completed the registration of ownership transfer on the instant land. On March 16, 1996, the Defendant approved the construction project plan for the new construction of four or four-six apartment units on the said land. (2) On March 26, 1996, the Defendant imposed KRW 11,957,30,00 in total, KRW 14,216,80 in forest replacement resource creation expenses, KRW 97,740,50 in forest conversion charges, and KRW 11,957,30 in forest replacements. The Defendant paid it to the Defendant on July 1, 1996.
3) From around September 1996 to June 1997, the new house was built on the instant land in which forest land had been forested, and the instant building, which is an affiliated building of the apartment, was completely suspended due to the IMO financial crisis, etc. around the end of 1997. (C) On September 16, 2002, the new house was concluded a sales contract with the 3.4 billion won selling the instant land, etc. to the Construction Co., Ltd. and completed the registration of ownership transfer with respect to the instant land after receiving down payment and intermediate payment on October 15, 2002.
2. When merchants Construction Co., Ltd. delayed paying the principal and interest of loans to national banks, the decision of auction was rendered on February 23, 2005 upon the application of the national bank, which was a collateral security, upon voluntary auction. The decision of auction was conducted without any separate decision of auction on the instant building, and the present seat Co., Ltd. was permitted to sell the instant land on May 17, 2007, and on June 21, 2007.