산지일시사용 기간연장 불허가 통보 처분 취소
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. The reasons for the court's explanation concerning this case are as follows: "the access to the forest of this case" in Part 4, 1, and 9 of the first instance court's decision in Part 4, 1, and 9 are as follows: "the access to the forest of this case" in part of the access to the forest of this case, and the following 2, are as stated in the part of the first instance court's judgment (including the attached Form) except for addition of the new determination of the new argument in the trial as to the forest of this case. Thus, it is acceptable in accordance with Article 8 (2) of the Administrative Litigation Act
2. Determination on new arguments in the trial
A. The gist of the plaintiff's assertion 1) The rejection disposition of this case was made without prior notice and hearing procedures and without giving the plaintiff an opportunity to present his opinion. 2) For the following reasons, the plaintiff has legitimate authority to use the access road installed at the entrance of the village where the residents of the Dori Forestland reside to the mine operated by the plaintiff (hereinafter "the access road of this case") and the office site installed within the leased forest area (hereinafter "the access road of this case") and there is no need to obtain the consent of the Dori Forest System, and since the Dori Forest System has the duty to consent to the above use of the Dori Forest System, the plaintiff purchased the forest land of this case from the Dori Forest System on the ground that the plaintiff did not obtain the consent of the Dori Forest System (A) around 1984 and purchased the expanded site after confirming and packaging the access road of this case.
C. At around 1984, Dri Forest System consented to the Plaintiff’s use of the instant access road for convenience while selling the instant forest land to the Plaintiff, and between the Plaintiff and Dri Forest System.