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(영문) 수원지방법원 2016.05.13 2015구합67961
개발행위불허가처분취소
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Details of the disposition;

A. The instant forest is one of the preserved mountainous districts under the Management of Mountainous Districts Act, which belongs to an agricultural and forest area (such as a farming promotion area under the Farmland Act or a preserved mountainous district under the Mountainous Districts Management Act, which is necessary to promote the agriculture and forestry industry and preserve forests) under the National Land Development and Utilization Act (hereinafter “National Land Planning Act”).

B. The Plaintiffs are co-owners of the instant forest land.

Plaintiff

The remaining plaintiffs except AV filed an application against Plaintiff AV for the adjustment of the division of the instant forest land, and the mediation was concluded on February 16, 201 by dividing the instant forest land as shown in the annexed Form 1.

(Seoul Eastern District Court 2010ss3932). (c)

The plaintiffs above B.

On July 15, 2015, the Defendant filed an application for development activities (land division) with respect to the instant forest land on July 15, 2015 in order to divide the instant forest land according to the content of the mediation formed as described in the

On July 31, 2015, the defendant, on the application of the plaintiffs on the following grounds, is "the disposition of this case".

The forest of this case was to promote the development of forestry with a view to promoting the rights and interests of forest managers, strengthening the competitiveness of forestry, and promoting the underdeveloped mountain village area by improving the structure of forestry, and contributing to the balanced development of national land and the sound development of the national economy (the right to promote forestry) by promoting the forest of this case, with a view to enhancing the quality of life of residents in the relevant area, as well as enhancing the balanced development of national land and the sound development of the national economy.

Since land division belongs to the development activities stipulated in Article 56 (1) of the National Land Planning Act, it shall be governed by attached Table 1-2 of the Enforcement Decree of the National Land Planning Act and Article 18 (1) of the Ordinance.

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