복구준공검사신청 반려처분 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 July 28, 2011, the Plaintiff was granted permission for conversion of a mountainous district for a period of 21,985 square meters from August 28, 201 to August 31, 2013 with respect to the size of 41,763 square meters of B forest land owned by the Defendant for the Intervenor joining the Defendant (hereinafter “Supplementary Intervenor”) in order to create a site for a private road necessary for the said construction project, as a construction project for Chungcheong-Yan Island. Since then, the period of conversion of a mountainous district was increased to 22,72 square meters on September 25, 2012 (hereinafter “instant mountainous district”), and on August 29, 2013, the period of conversion of a mountainous district was changed to December 31, 2013 (hereinafter “instant permission”).
B. Around December 2013, the Plaintiff applied for the approval of the plan for recovery, including the fact that the Plaintiff performed restoration of flat coal, spons, and drained trees within the instant mountainous district, and the Defendant approved the plan for recovery from August 7, 2014 to February 27, 2015, with the period from August 2014 to February 27, 2015.
C. Although the Plaintiff carried out restoration work accordingly, the auxiliary intervenor filed a civil petition with the Defendant stating that “the Plaintiff does not abide by the effective soil depth and with trees dead,” and the Defendant, on February 27, 2015, extended the period of restoration to verify the active condition of trees, for four months until June 30, 2015.
On June 29, 2015, the Plaintiff filed an application for completion inspection with the Defendant (hereinafter “instant application”), and the Defendant demanded supplementation, such as a universal planting work on the dead trees within the area subject to recovery. On August 20, 2015, the Plaintiff submitted a supervision report, etc. to the Defendant that supplemented the Defendant’s requirements.
E. However, the Intervenor submitted the soil analysis result that the hydrogen ion concentration (pH; hereinafter “pH”) of the instant mountainous district is 8.8, and the instant mountainous district would normally grow up by pine trees.