행정처분취소
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.
1. The reasoning of the judgment of the court of first instance cited the same reasoning as that of the judgment of the court of first instance, except for adding the following reasons, and thus, it is consistent with Article 8(2) of the Administrative Litigation Act, and the main sentence of Article 420 of the Civil Procedure Act.
“On the other hand, the Plaintiff asserts to the effect that the disposition of this case, which differs from the administrative agency, is unfair since the Defendant could not issue an order to remove the Plaintiff’s building in Nowon-gu, Seoul Special Metropolitan City, and that it would be ordered to take measures. However, the purport of the assertion is not clear, but is determined with the highest
In addition, there is no evidence to support the assertion, and according to Article 44(1) of the Mountainous Districts Management Act, in the event that a mountainous district is converted without obtaining permission, etc. or reporting, etc. under any of the subparagraphs of Article 37(1) of the Mountainous Districts Management Act, an order may be issued to the person who committed the mountainous district to remove facilities or restore the mountainous district, the form and quality of which have changed, and the fact that the Plaintiff converted the mountainous district without obtaining permission, etc. or filing a report, etc. falling under any of the subparagraphs of Article 37(1) of the Mountainous Districts Management Act is clear, and thus, the meaning of the terms
2. The term "conversion of mountainous district" means using mountainous districts for any of the following purposes or changing the form or quality of mountainous districts for such purposes:
Afforestation, forest tending, or felling and mining standing timber;
(b) Gathering of forest products, such as earth and stone;
(c) Cultivating forest products prescribed by Presidential Decree (excluding cases where it is accompanied with changes in the form and quality of at least 50 centimeters in height and depth from the ground surface and where it is accompanied with installation of facilities through raising earth or cutting the ground, etc.);
(d) Temporary use of a mountainous district, the above argument can be seen as one at any time or acceptable.