개발행위토지분할 불허가처분취소
1. The plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Details of the disposition;
A. The instant forest land belongs to an agricultural and forest area (an area necessary to promote the agricultural and forest industry and to preserve forests, such as an agriculture promotion area under the Farmland Act or a preserved mountainous district under the Mountainous Districts Management Act, which does not belong to the urban area) under the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”), and is “a mountainous district for forestry use (a mountainous district necessary to promote forestry production functions, such as the creation of forest resources and the establishment of a foundation for forestry management)” under the Mountainous Districts Management
B. The Plaintiffs, co-owners of the instant forest, filed an application with the Seoul Central District Court No. 2010s. 201046 against the remaining co-owners for the instant forest land division. On May 18, 2010, the conciliation was concluded by dividing the instant forest land in the same form as the cadastral survey result in the annexed cadastral status.
On October 14, 2013, Plaintiff Q, P, and W’s co-ownership was transferred to AG.
The plaintiffs above B.
On July 9, 2014, in order to divide the instant forest according to the details of the adjustment indicated in the Paragraph, the Defendant filed an application for permission to engage in development activities (land division) on the instant forest. The attached project plan stating that the Plaintiffs intend to build a new house on the forest that they will own after dividing the instant forest.
On July 23, 2014, the Defendant rendered a disposition denying the application for permission for development activities of the Plaintiffs (hereinafter “instant disposition”) on the following grounds.
The instant forest land is to promote the promotion of forestry with the aim of promoting the rights and interests of forest managers, strengthening the competitiveness of forestry, and promoting the underdeveloped mountain village area in order to enhance the quality of life of local residents and contribute to the balanced development of national land and the sound development of the national economy by improving the structure of forestry with the specific use area under the National Land Planning and Utilization Act as an agricultural and forest area.
The Ordinance on the Gyeyang-Gun Urban Planning.