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(영문) 수원지방법원 2020.11.26 2019구합69187

산지복구명령취소

Text

1. Of the instant lawsuits, the part concerning the claim for cancellation of the order to recover a mountainous district as of March 28, 2019, and the order to recover a mountainous district as of August 22, 2019.

Reasons

1. Details of the disposition;

(a) The Plaintiff, on January 15, 2016, received a report on the construction of two single houses from the Defendant on the Gyeonggi-gun B and C’s ground around January 15, 2016, for the construction of the said housing and the creation of an access road to the said housing (hereinafter “the permission”), with the period of permission for conversion as prescribed by the Presidential Decree, within the scope of 243 square meters from the Defendant on the following five parcels, in order to construct the said housing and create an access road to the said five parcels of land, the period of permission for conversion is determined as from January 15, 2016 to January 14, 2019.

(2) On July 2, 2016, the Plaintiff: (a) obtained the permission for conversion of a mountainous district (hereinafter “the permission for conversion of a secondary mountainous district”) from the Defendant as of July 22, 2016, for the construction of the said housing and the creation of access roads with respect to the land of 603 square meters among the land located below two parcels; (b) the period of permission was determined as from July 22, 2016 to July 21, 2019, for the land category 1 B forest land categoryed as 1,235 square meters; and (c) the Plaintiff obtained the permission for conversion of a mountainous district (hereinafter “the permission for the conversion of a secondary mountainous district”).

나. 토지의 분필 등 1) 위에서 본 5필지 토지는 그 후 아래와 같이 분할되었고, 위 분할 후 1차 산지전용허가 대상 토지는 ㉠ 위 E 임야 257㎡, ㉡ 분할 후 위 B 임야 766㎡, ㉢ 분할 후 위 H 임야 388㎡, ㉣ 분할 후 위 I 임야 80㎡, ㉤ 분할 후 위 J 임야 136㎡, ㉥ 분할 후 위 K 임야 274㎡, ㉦ 분할 후 위 L 임야 64㎡, ㉧ 분할 후 위 M 임야 468㎡가 되었고(이하 위 8필지 토지를 ‘이 사건 1차 산지전용허가 토지’라고 한다

(2) The land subject to the secondary permission for mountainous district conversion after the said subdivision is divided into a (a) and after the said subdivision, the said land was divided into one square meter of the said N Forest and 62 square meters of the said land (hereinafter the said two lots of land) and 142 square meters of the forest and 142 square meters of the forest and 142 square meters of the forest and 142 square meters of the forest and 142 square meters of the forest and 257 square meters of forest and 257 square meters of forest and 257 square meters of forest and 256 square meters of forest and 766 square meters of forest and 766 square meters of forest and 388 square meters of forest and 388 square meters of forest and 80 square meters of forest on April 25, 2017.