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1. The Defendant’s refusal to file an application for permission for development activities with the Plaintiff on May 2, 2016, and the provisional disposition on May 19, 2016.
Reasons
1. Details of the disposition;
A. On October 29, 2015, the Plaintiff purchased 5,207 square meters in total (hereinafter “instant land”) of 2,893 square meters and C 2,314 square meters in Yansan-gu, Jeonju-si, Jeonju-si and C 2,893 square meters in total.
B. On February 24, 2016, the Plaintiff: (a) formed a forest (forest) on the instant land; and (b) filed an application for permission for development activities (such as changing the form and quality of land) and an application for permission for diversion of farmland (hereinafter “instant application”) with the Defendant to establish access roads to the instant land on the scale of 9,985 square meters in D major 9,98
C. On May 2, 2016, the Defendant: (a) deemed the Plaintiff as an act of forfeiture of the objective under Article 56 of the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”) and Article 51 of the Enforcement Decree of the same Act with respect to the instant application; and (b) rendered a disposition of nonpermission as follows (hereinafter “instant first disposition”).
1. Reasons why development activities are not performed;
A. Article 2 subparag. 14 of the Funeral Services, etc. Act provides that the creation of woodlands shall be made in forests (forest) under subparagraph 14 of Article 2 of the said Act and the permission of the Mayor shall be obtained under Article 16(4) of the said Act;
(b) An act of raising farmland into farmland without obtaining permission for development activities in violation of Article 56 of the National Land Planning Act and Article 51 of the Enforcement Decree of the same Act, such as making an application for permission for development activities in accordance with Article 56 of the National Land Planning and Utilization Act and raising farmland in advance (H-1~1.5m) for the purpose of creating a forest in farmland, constitutes an illegal act.
(c) Improper concerns over group civil petitions by interested parties who are likely to fall around the farmland in a green production area that is located in the city at a rapid speed, and creation of water burial grounds for diversion of farmland is unreasonable (the creation of woodland burial grounds in forests under the Funeral Act);
2. Taking measures to prevent damage to surrounding farmland if the creation of good farmland is the creation of good farmland;
A. If the creation of good farmland is the creation of good farmland, the act in advance does not constitute an error, but does not exceed 2m.