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(영문) 창원지방법원 2019.06.13 2018구합53403

보안림재지정예정지처분등취소

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1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of disposition;

A. The Plaintiffs owned land as follows (hereinafter “each of the instant land”).

Plaintiff

2. Shares of 1/200 of 1/200 of 7,183, 200, 1/200 of 28.20,000 G forest on August 6, 2002; on April 11, 2018, H 79,339 square meters on May 11, 2012; on April 79, 339,339, 39, 304; on April 11, 2018, 40. Equity shares of 2,975 square meters on April 2, 2004; on 2,000,000,000 for 2,000 square meters on April 2, 2018; on 2,000,000 square meters of 2,000,000 for 2,000 square meters on May 29, 2017; on 39,005 forest shares of 39.

G 1,48 square meters of G forest, H forest 79,39 square meters, I forest 2,975 square meters, J forest 29,361 square meters were designated as a water source preservation forest on January 6, 1983, and it was re-designated as a water source preservation forest on November 7, 1989.

On May 9, 2003, F forest land 7,183m2 was designated as a Suwonyang forest.

C. On November 3, 2008, in order to re-designated each of the instant lands, etc. as a reserved forest, the Defendant publicly announced the planned re-designation of the reserved forest (public notice L in smuggling L; hereinafter “pre-determined notice”), and on December 5, 2008, designated and announced the land including each of the instant lands as a Class 1 water source development reserved forest or landscape reserve (public notice E in smuggling; hereinafter “instant public notice”).

(hereinafter) The fact that there is no dispute over re-designation of a reserved forest for each land of this case (the grounds for recognition), Gap 1, 2, Eul 1-3, and the entire purport of the pleading

2. Whether the disposition of this case is legitimate;

A. The plaintiffs' assertion 1) The defendant did not publish the notice in the Official Gazette (hereinafter "the allegation 1"). 2) When re-designation a reserved forest, its purport and the location of the planned reserved forest site and the filing period.