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(영문) 대전고등법원 2020.02.06 2019누11550

산림경영계획인가반려처분취소

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1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The grounds for appeal by the plaintiff citing the judgment of the court of first instance are not significantly different from the allegations in the court of first instance, and the fact-finding and judgment of the court of first instance are justified even if the parties' claims are examined by adding the evidence submitted to the court of first instance to the

Therefore, the reasoning of the judgment of this court is as stated in the reasoning of the judgment of the court of first instance except for the dismissal or addition of part of the grounds of the judgment of the court of first instance as stated in the following Paragraph 2. Thus, it is citing it as it is in accordance with Article 8(2) of the Administrative Litigation Act and the main text of

2. From the bottom of the 5th part, the 5th "B 1 and 2" shall be raised from "B 1 to 5, 11 to 18".

In the third chapter of the 6th chapter, the following is added: “The forest of this case was permitted to cut the forest for the purpose of forest tending from the Gongju City around 2009, but most of the forest trees were conducted because excessive deforestation was conducted differently from the conditions of permission at the time, and the majority of the forest trees currently being raised in the forest of this case seems to have been planted after the large-scale deforestation or to have been newly cut.” The 6th chapter 11 appears to be damaged.

Then, “An application for authorization of a forest management plan submitted by the Plaintiff does not stipulate a plan for the extraction, etc. of forest trees. However, the Plaintiff’s application for authorization of a forest management plan and the details and developments leading up to the application for authorization of a forest management plan, and in the case of growing landscape trees for income business, mountainous damage, such as the removal of existing roots through a temporary use report, is ordinarily made, and another agricultural company filed an application for a temporary use report of the instant forest land for the purpose of growing ornamental trees around December 2017, but did not obtain the authorization of a forest management plan.