보전산지지정처분취소
1. The plaintiff's main claim is dismissed.
2. The plaintiff's conjunctive claim among the lawsuit of this case is dismissed.
3...
1. The Plaintiff, in the course of the disposition, owns a 4,363m2 and D 593m2 (hereinafter “the instant forest”) in Chungcheongnam-do, Chungcheongnam-do.
On December 26, 2008, the Defendant publicly announced a mountainous district classification design (including the forest of this case) on daily newspapers, Internet homepage, etc., and publicly announced the designation of the forest of this case as preserved mountainous district on December 26, 2008.
(hereinafter “Public Notice of this case”). 【No dispute exists, Gap evidence Nos. 1, 2, and 9, Eul evidence Nos. 1 and 2, and the purport of the whole pleadings.
2. The judgment of the plaintiff as to the main claim of this case is erroneous in the procedure of not providing the plaintiff with an opportunity to submit prior notice or opinion even though the plaintiff's exercise of property right to the forest of this case is a disposition that seriously restricts the plaintiff's exercise of property right to the forest of this case. ② The defendant did not properly investigate the forest of this case despite the existence of a building in this case, and the forest of this case was all removed, and ③ the public notice of this case is contrary to the principle of trust protection as it is against the official statement as to the existing
Article 2 subparag. 4 of the Administrative Procedures Act provides that "parties, etc. refer to the following persons," and Article 2 subparag. 4 of the Administrative Procedures Act provides that "parties directly counter to the dispositions of an administrative agency" in item (a) and item (b) "interested persons who are allowed to participate in the administrative procedure ex officio
Meanwhile, the Administrative Procedures Act provides that prior notice (Article 21), hearing of opinions (Article 22), presentation of reasons (Article 23), notification of objection (Article 26), etc. shall be given when imposing obligations on the parties or restricting their rights and interests, and such procedures may be omitted in cases where an urgent measure is required or where hearing of opinions is considerably difficult due to the nature of the disposition.
Article 21(4)1 and 3 of the Administrative Procedures Act and Article 22(4) of the Administrative Procedures Act.