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(영문) 전주지방법원군산지원 2013.01.25 2012가단2694
보험금지급청구권부존재확인
Text

1. The plaintiff's obligation to pay insurance money to the defendant based on the authorization and permission guarantee insurance contract stated in the attached list.

Reasons

1. Basic facts

A. On March 22, 2002, Nonparty B filed an application with the Defendant for permission to change the form and quality of a forest with a view to newly constructing a farming house with respect to 2,732 square meters among 46,025 square meters of the forest land in Sosan-si. Nonparty B obtained permission to change the form and quality of a forest on March 29,

On April 15, 2002, C Forest land 46,025 square meters was subject to registration conversion of D Forest land 46,025 square meters in Yasan-si, Ysan-si, and was divided into several parcels, such as E, F, G, H, I, and J (hereinafter “instant forest”).

B. The owners of the instant forest land including the Plaintiff’s Intervenor (hereinafter “forest owners”) filed an application for permission for changing the form and quality of the instant forest land from December 18, 2002 to June 26, 2003 for permission for changing the form and quality of the instant forest land from around December 18, 2002 to around June 26, 2003 (amended by Act No. 6841, Dec. 30, 2002; hereinafter “instant permission for mountainous district conversion”). During that process, the Plaintiff entered into a guarantee insurance contract with the Plaintiff on expenses necessary for disaster prevention or restoration as shown in the attached Table.

(hereinafter referred to as "the insurance contract of this case". (c)

However, in spite of the fact that the forest of this case is within 500 meters from the outer boundary of the Dosan-si Protection Zone, the Dosan-si official did not examine whether the construction work to be implemented in the forest of this case with permission for conversion of the forest of this case may affect the preservation of the Dosan-si pursuant to the relevant Acts and subordinate statutes, such as the Protection of Cultural Properties Act, etc., and the Defendant granted permission for conversion of the forest of this case from December 23, 2002 to June 26, 2003.

Accordingly, forest owners performed the forest land and civil works in this case for the use according to the above permitted purpose. D.

Since then, the defendant shall perform road confirmation and packaging works on the following areas: the Administrator of the Cultural Heritage Administration around November 2003.

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