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(영문) 수원지방법원 2015.10.14 2015구합60595
재해방지 조치명령 취소
Text

1. Each of the plaintiff's claims is dismissed.

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

Reasons

1. Details of the disposition;

A. On September 14, 2007, the Plaintiff obtained permission from the Defendant for conversion of mountainous districts for the purpose of building sites for housing and building sites for entry into and exit from Pyeongtaek-gun, C, D, E land 2,454 square meters (hereinafter “instant land”). As the Plaintiff obtained permission for conversion of mountainous districts for the purpose of building sites for entry into and exit from a house, and obtained permission for use of the building from the Defendant on June 21, 2010.

B. On September 14, 2007, the Plaintiff obtained permission from the Defendant for conversion of a mountainous district for the purpose of creating housing and warehouse sites with respect to the land F in Gyeyang-gun (hereinafter “instant land”) and obtained permission for conversion of a mountainous district for the purpose of creating housing and warehouse sites. As the instant land was sold to G and the permission for conversion of a mountainous district for the said land was revoked, the Plaintiff received a completion inspection from the Defendant on October 20, 201 regarding the land revoked for conversion of a mountainous district.

C. On April 21, 2014, H-Myeon Chapter sent a public notice to the Defendant stating that “the damage caused by the development activities in the mountainous district in the above land has occurred and the compensation of the polluter is required.” The Defendant confirmed as a result of the self-inspection that “the damage is likely to occur to neighboring housing and farmland due to the improvement of the drainage channel by the Plaintiff at the place where the housing site development is performed by the Plaintiff at the place where the land development is performed by cutting off.” The Defendant confirmed that “the damage is likely to occur to neighboring housing and farmland due to the soil erosion in the mountainous district, the soil erosion in the mountainous district, the soil erosion in the housing site development area, the collapse of structures, etc.”

In accordance with Article 37 of the Management of Mountainous Districts Act, the Defendant ordered the Plaintiff to take preventive measures against the instant land on May 18, 2014, including “the resolution of defects in drainage problems and the supplementation of the damaged part of the road,” and on May 26, 2014, the Defendant ordered the instant land No. 2 to take preventive measures against disasters including “the resolution of the damaged part of the road, etc.”

(hereinafter “each disposition of this case”). (e)

The plaintiff is dissatisfied with each disposition of this case.

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