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(영문) 창원지방법원 2014.12.05 2014구합20580
개발행위불허가처분취소
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 August 2013, the Plaintiff filed an application with the Defendant for permission to engage in development activities (such as changing land form and quality) involving permission to convert mountainous districts for the purpose of constructing mushroom farming plants with respect to the land of 4,354 square meters (hereinafter “instant application site”).

The National Land Planning and Utilization Act, the area to be included in the location lot classification area, specific-use area, and the same shall apply;

The Gu Mountainous Districts Management Act (Amended by Act No. 12513, Mar. 24, 2014); hereinafter the same shall apply.

Although it is possible to grow mushrooms in the state of a preserved mountainous district (a mountainous district for forestry use) necessary to improve the functions of forestry production, such as the creation of forest resources under the Management of Mountainous Districts Act and the establishment of a foundation for forestry management, etc., where a preserved mountainous district (a mountainous district for forestry use) with 14,975㎡ 1,833m2 is located in an agricultural and forest area (a mountainous district for forestry use) and 38,244m2,521m2 may be applied for the instant mountainous district with a total of 53,219m2,35m2 in an agricultural and forest conservation area with a 14,00m2 (a mountainous district for forestry use) and 38,244m2 in an agricultural and forest area with a 14,000m2,000m2 in an agricultural and forest forest (a mountainous district for forestry use) in the city of Kim Sea, it is not appropriate for the Plaintiff to arbitrarily cut down a mushroom forest with a natural landscape conservation area in the vicinity area.

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