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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 March 24, 2015, the Plaintiff filed an application with the Defendant to permit the extraction of forest products (hereinafter “instant application”) on March 24, 2015, in order to extract six glus of pine trees located in the Gyeong-gun Forest Land B (hereinafter “instant forest”). However, on March 31, 2015, the Defendant did not permit the Plaintiff to extract forest products on the following grounds:
(hereinafter “instant disposition”). In accordance with Article 36 of the Creation and Management of Forest Resources Act, Article 41 of the Enforcement Decree of the Forest Resources Act, and Article 41 of the Standard Enforcement Decree of the said Act, extraction shall be conducted to the extent that it does not interfere with the composition of forest parts, soil erosion, and landscape maintenance.
However, (the plaintiff's application) The height of pine trees to be extracted is not less than 40 cm in diameter, and the chest height is transported as human resources from the strip to the roadside to the road, so it is not necessary to work. However, in reality, human resources extraction is anticipated not to be possible, and there is no work to open the road from the place of extraction without opening the work to transport the side to the road. It is anticipated that many trees are removed and excessive mountainous damage is expected as well as excessive mountainous damage is expected.
In addition, in an area where trees subject to extraction are located, there is concern that a landslide, etc. may occur if the area is extracted from the area with a sloped by the mountainside with a size of 3 to 5 times the diameter of the surrounding area, and the forest of this case is also connected to the Gun roads No. 22, the mountain of this case, and the village after the village connected to the mountain village of this case, which is worth preserving the village natural landscape.
B. On May 1, 2015, the Plaintiff: (a) filed an application with the Defendant for permission for extraction of 2 glus among the six glus (hereinafter “the instant pine trees”); and (b) filed an application for permission for extraction of the remaining four glus (hereinafter “instant secondary application”); and (c) on May 13, 2015, filed with C all rights and duties regarding the extraction of the instant pine trees subject to permission.