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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 July 2017, the Plaintiff filed a building report with the Defendant on the purport that five single houses (hereinafter “instant housing”) will be newly built on the 9,360 square meters of forest B in Tae-gun, Chungcheongnam-gun (hereinafter “instant application site”).
B. On July 7, 2017, the Defendant rejected a building report on the ground that permission for development activities and permission for conversion of mountainous district cannot be granted on the ground that where the instant application is filed to the Plaintiff on the ground that excessive cutting of ground is likely to cause damage to natural scenery and aesthetic view, environmental destruction, etc., in
C. After that, the Plaintiff filed a building report with the same content as the Defendant was reduced from 12,718 cubic meters up to 5,170 cubic meters from the previous 12,718 cubic meters of sand taken out on three occasions, but the Defendant returned each building report on the same grounds.
On October 2018, the Plaintiff: (a) reduced the volume of sand taken out to 2,623 cubic meters to 2,623 cubic meters; and (b) filed a re-report on the instant report (hereinafter “instant report”).
E. On November 23, 2018, the Defendant rejected the instant report on the ground that it is expected that the return of the existing building report would have an adverse impact on the water storage and ecosystem of DNA wetlands as it is located far away from D wetlands, which is the wetlands protection area, and that excessive cutting of the ground (the excavation of the largest 2.89m, soil ( sand) 2,623 cubic meters) is expected on the project plan.
(hereinafter “instant disposition”). Specific grounds for disposition are as follows:
The construction of detached houses on the land outside Taean-gun E and one parcel requires supplementation, such as the repreparation of the actual ground plan on the existing land, the possibility of construction on the ground (V) of the existing land, the formulation of drainage plan on the site, the re-establishment of the site creation plan, etc. However, the location of application is approximately 100 meters away from the D wetlands which is the wetlands protection area, and excessive cutting plan (ex-out from the largest 2.89m, sand 2,623m) on the project plan is the land utilization status of surrounding areas pursuant to Article 58(1)4 of the National Land Planning and Utilization Act (Standards for Permission for Development Acts, etc.).