개발행위허가 무효확인 및 취소 등
1. All of the instant lawsuits are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On May 30, 201, in order to construct a detached house (hereinafter referred to as “instant building”) on the ground of the Gyeonggi-do Forest C, which he/she owned (hereinafter “instant land”), the Plaintiff obtained permission from the Defendant for development activities on May 30, 201. On August 24, 2011, the Plaintiff: (a) sold the instant land to D on August 24, 201; and (b) drafted a written consent to change the name of the construction authorization, permission, and permission for development activities related to the construction of the instant land into D; and (c) accordingly, D obtained permission for change of the name of development activities from the Defendant.
B. D obtained the extension of the period of permission and permission for mountainous district conversion for the instant land from the Defendant, and concluded a construction contract with E to build the instant building, but the instant land and buildings were voluntarily sold due to the failure to pay construction costs during the construction process, and as a result, the instant land and buildings were demolished to B.
C. Since around 2015, D and B prepared a written consent by D to transfer D the right to permission for development and conversion of the instant land to B, and B around September 2015, D and B applied for an extension of the period of permission for development activities, a report on the change of construction participants, and a permission for change of mountainous district conversion to the Defendant.
On September 8, 2015, the Defendant issued a disposition of permission to change a mountainous district conversion on September 8, 2015, and on September 9, 2015, the disposition of permission to change the name of the owner.
(hereinafter referred to as "each of the dispositions of this case"). 【No dispute exists, Gap evidence 2 through 6, Eul evidence 1, 3 through 6, 9 through 15, and the purport of the whole pleadings.
2. The plaintiff's assertion
A. Of each of the instant dispositions, the authority to obtain permission from the Minister of the Korea Forest Service pursuant to Article 14 of the Management of Mountainous Districts Act shall be the subject of permission for the conversion of a mountainous district as of September 8, 2015.