logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2020.09.09 2019구합24130
불법전용산지 복구명령 및 복구비예치통보처분 취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On May 10, 1985, the Plaintiff purchased 2,125 square meters (hereinafter “instant land”) prior to Gyeong-gun, Sung-gun, Sung-gun, Seongbuk-gun, and completed the registration of ownership transfer on the instant land on June 3, 1985.

B. In early 2013, the Plaintiff created a private tree orchard on the instant land, and created an orchard with respect to 1,526 square meters out of 227,651 square meters of D forest land owned by the Republic of Korea adjacent to the instant land (hereinafter “the instant mountainous district”), using a refratator without obtaining permission for conversion of a mountainous district, and using the refratator for land suspension, and thereafter cutting down the fruit trees.

(hereinafter “instant exclusive use”). C.

On July 2, 2019, the Defendant notified the Plaintiff of the deposit of KRW 9,221,310 of the restoration cost of the instant mountainous district on the ground that the instant mountainous district was converted, by reason of the instant diversion (the restoration period until April 30, 2020) and the deposit of KRW 9,221,310.

On January 15, 2020, the Plaintiff was sentenced to 6 months of imprisonment with prison labor for the violation of the Mountainous Districts Management Act, 2 years of suspended execution (No. 2019No. 2119), and the above judgment became final and conclusive.

E. On May 4, 2020, the Defendant estimated the forest recovery expenses in accordance with the calculation standard of the recovery expenses in 2020, and notified the Plaintiff of the sloping seed so as to prevent soil erosion and landslide, on the ground that the instant mountainous district was converted for the following reasons: (a) an order to restore the mountainous district for illegal use (up to June 30, 2020) and an order to deposit KRW 10,145,300 for the forest recovery expenses (up to June 30, 2020); (b) the removal of fruit trees within the damaged area (up to at least 470 parts of the forest vitality, at least 30cm in height of planting trees, at least 1.8m in planting trees, and at least 1.8m in height of planting trees x 8m in order to prevent soil erosion and landslide:

(hereinafter “Disposition of this case”). 【The ground for recognition of this case’s Disposition of this case’s Disposition of this case’s No. 1 to 3, 7, and 5 of Gap’s No. 1 to 3, 5 of this case’s No. 5 of this case’s No.

2. Whether the instant disposition is lawful.

arrow