logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2019.06.13 2019구합50012
보안림재지정예정지처분등취소
Text

1. Of the instant lawsuit, the part seeking confirmation of invalidity of the disposition scheduled for re-designation of a reserved forest as of December 3, 2008 is all the part seeking confirmation.

Reasons

1. Details of disposition;

A. On July 17, 2018, the Plaintiffs purchased 115,701 square meters of D forest land (hereinafter “instant land”).

B. On November 7, 1989, the instant land was first designated as a reserved forest for the development of Class I water source. On November 3, 2008, the Defendant announced the instant land as the reserved forest for re-designation of the reserved forest (public notice E in smuggling; hereinafter “pre-determined notice”).

(C) The disposition scheduled to re-designation a reserved forest for the instant land (hereinafter “instant disposition 1”).

On December 5, 2008, the defendant designated and announced the land including the land in this case as Class 1 water source development forest or landscape preserving forest (F public notice in smuggling; hereinafter "public notice in this case").

(2) The grounds for re-designation of a reserved forest for the instant land are as follows: (a) there is no dispute over the instant land; (b) the ground for re-designation of a reserved forest for the instant land; and (c) the purport of the entire pleadings

2. Whether the part on the claim for confirmation of invalidity of the disposition No. 1 among the lawsuit of this case is legitimate

A. Article 44(1) of the former Creation and Management of Forest Resources Act (amended by Act No. 9313, Dec. 31, 2008; hereinafter “former Forest Resources Act”) provides that “When the Minister of the Korea Forest Service, the Minister of the Korea Forest Service, or the head of a regional forest office, intends to designate a reserved forest pursuant to Article 43, he/she shall publicly notify the purport thereof, the location of the planned reserved forest, the period for filing an objection to the designation, and other matters prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries, and notify a forest owner and the head of the competent Si/Gun/Gu thereof.” Paragraph (2) provides that “A forest owner or a person who has a direct interest in the relevant forest may file an objection as prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries with regard to the designation of a reserved forest under Article 43 may file an objection,” Paragraph

arrow