산지일시사용신고에 대한 불수리 처분 취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On February 3, 2016, the Plaintiff obtained authorization from the Defendant for a forest management plan (hereinafter “instant forest management plan”) with the content of “a tree cutting, grassing, and tree planting” for about 10 years from February 3, 2016 to February 2, 2026, from the land of about 3 degrees (hereinafter “instant mountainous district”) among the 301-28,430 square meters (84 square meters) in terms of the principle of the Do of the Do of the Do of the Do of the Do of the Gosung-gun, Sungwon-gun (hereinafter “instant mountainous district”).
B. According to the approval of the instant forest management plan, the Plaintiff reported the temporary use of the mountainous district for planting forest products to the Defendant regarding the instant mountainous district.
(hereinafter “Report on Temporary Use of the instant mountainous district”). However, on March 8, 2016, the Defendant issued a disposition to dismiss the instant mountainous district for the following reasons (hereinafter “instant disposition”).
The report on temporary use of the mountainous district of this case includes the extraction of 700 superior pine trees planted on the ground of the mountainous district of this case and felling of 972 active trees.
Therefore, pursuant to Article 13 of the Creation and Management of Forest Resources Act (hereinafter “Forest Resources Act”), the Plaintiff should obtain authorization for a forest management plan that includes a plan for the extraction of deforestation.
However, the instant forest management plan does not include a plan for extraction of pine trees.
Unlike the conversion of a mountainous district which requires a change of land category, temporary use of a mountainous district means temporary use of a mountainous district for a specific period, other than for felling, extraction, etc., and on condition that the mountainous district be restored.
However, a project intended by the Plaintiff by filing a report on temporary use of the mountainous district of this case is a project that entails large-scale damage to forests, such as cutting and digging of pine trees planted in the mountainous district of this case for the cultivation of cultivated mulberry trees. In the event of extracting bamboo trees planted in the mountainous district of this case, the form of the mountainous district of this case is changed because it is accompanied by 2-3 meters.