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(영문) 수원지방법원 2014.12.10 2014구합50348
보안림지정처분취소청구 등
Text

1. On November 5, 2007, the Defendant was aware of the nature of the forest designated in the forest designated by the forest designated by the Defendant, with regard to B forest No. 7,934 square meters in Ansan-si.

Reasons

1. Details of the disposition;

A. The forest land ownership relation 1) The forest land B is not less than 7,934 square meters (hereinafter “the forest land of this case”) in Ansan-si.

on February 25, 1970, Nonparty D, holding the same year, sold to E 2,350/2,400 shares of the above forest.

3. 5. The registration of ownership transfer was completed with respect to the above shares, and the entire shares of the said E in the forest of this case was jointly inherited by F and G on September 19, 1983.

2) On December 1, 1984, Nonparty H acquired the entire shares of the above F and G as the sale of the instant forest. On November 26, 2003, Nonparty H completed the registration of ownership transfer on the ground of inheritance by agreement division as to the entire shares of H H 2,350/2,400 on November 26, 2003. 3) On January 26, 2004, the Plaintiff purchased both I’s shares 2,350/2,40 of the instant forest and field and completed the registration of ownership transfer. On December 8, 2009, the Plaintiff sold 1,175/2,400 of the instant forest and field to Nonparty J.

B. On December 27, 1965, the designation period of the instant forest was expired since it was first designated as the Class 1 water source development forest on December 27, 1965, and it was re-designated as the Class 1 water source development forest on January 16, 1987, and its re-designated as the Class 1 water source development forest again on January 16, 1987. 2) After January 17, 2007, the Defendant announced the scheduled designation of the instant forest, etc. as the reserved forest again on January 17, 2007 and notified the owners of the said contents. On November 5, 2007, the Defendant designated and announced 712 lots including the instant forest as the Class 8,841,937 square meters as the Class 1 water source (public notice at the time of Y) and notified the said forest owners of these contents.

(C) The disposition to designate a reserved forest on November 5, 2007 for the forest of this case (hereinafter “instant disposition to designate a reserved forest”).

On the other hand, on April 19, 2013, the Plaintiff purchased the instant forest and the existing housing on the land, and destroyed the old existing housing for new construction on April 2003, and constructed one unit of housing prior to its destruction.

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