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(영문) 수원지방법원 2019.04.02 2018구합69319
불법전용산지 신고서 불수리 처분 취소의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts underlying the details and premise of the disposition;

A. On September 18, 2017, the Plaintiff filed a report on illegal mountainous district conversion of the instant land pursuant to Article 3 of the Addenda to the Management of Mountainous Districts Act ( December 2, 2016), with the Defendant, on September 18, 2017, to be an owner of 980 square meters of forest land C (hereinafter “B Dong”) located in Seo-gu, Seonam-si (hereinafter “instant land”).

B. The current status of the surrounding areas of the instant land is as follows.

C. On March 5, 2018, the Defendant issued a disposition not to accept the above report (hereinafter “instant disposition”), and the gist of the reasons is as follows.

Where a mountainous district reported pursuant to Article 3 (1) of the Addenda to the Management of Mountainous Districts Act meets the restrictions on activities of conversion of a mountainous district under this Act or other Acts, standards for permission and standards prescribed by Presidential Decree, necessary measures for land category change may be taken

Article 18(5) of the Management of Mountainous Districts Act (hereinafter referred to as the “Act”), Article 20(6) of the Enforcement Decree of the Act, and subparagraph 1(e)10 of attached Table 4 of the Enforcement Decree of the Mountainous Districts Act provide that an existing road shall be used to convert a mountainous district. According to the Korea Forest Service’s “facilities and standards (Public Notice No. 2018-25 of the Korea Forest Service Notice No. 2018-25 of the Korea Forest Service) that do not need to use the existing road at the time of conversion, farmland may be installed by using the current state. D road zones are not subject to permission to occupy and use roads under Article 61 of the Road Act and Article 55 of the Enforcement Decree of the same Act, but are not subject to permission to occupy and use roads under Article 61 of the Road Act and Article 55 of the Enforcement Decree of the same Act (such as structures that may obtain permission to occupy and use roads at the time of establishment of E and cultivate it until that date.

The instant land is the same.

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