임야 취득후 산지전용제한지역으로 지정된 경우 비사업용토지 해당여부[국승]
Seoul High Court 2009Nu20382 (Law No. 102, 2010)
Cho High Court Decision 2008Do1968 (Law No. 26, 2008)
Whether land for non-business use is designated as a restricted area for forest acquisition;
Since "the prohibition of use due to the provisions of the law after the acquisition of the land" is clearly defined as "the land which is prohibited or restricted from the use pursuant to the law", there should be restrictions on the use of the land after the acquisition of the land for the purpose of becoming the land excluded from the idle land.
The contents of the decision shall be the same as attached.
The appeal shall be dismissed.
The costs of appeal are assessed against the plaintiff.
All of the records of this case and the judgment of the court below and the grounds of appeal were examined. However, the grounds of appeal on the grounds of appeal are not included in the grounds stipulated in each subparagraph of Article 4(1) of the Act on Special Cases Concerning the Procedure for Appeal, and the appeal is dismissed pursuant to Article 5 of the same Act. It is so decided as per