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(영문) 춘천지방법원 2016.09.28 2015구합4820
소하천구역결정 및 고시 정정요청에 따른 불가 통보처분 취소
Text

1. The Defendant’s announcement of topographic drawings, such as the small river area B, the Gangwon-si, which was publicly announced on August 13, 2010, is one of the “public notification of the topographical drawings”.

Reasons

1. Details of the disposition;

A. The Plaintiff is the owner of C forest land 3,399 square meters (hereinafter “instant forest”).

B. The forest land of this case is adjacent to E, which is passing through D in the original city, and the defendant changed E’s length designated as a small river from 6,200 meters to 5,950 meters in a small river under the former Small River Maintenance Act (amended by Act No. 6000 of Aug. 31, 1999) through the “Public Notice on Designation of the F Small Rivers announced in the original city” on July 26, 1996. The defendant changed E’s length designated as a small river from 6,200 meters to 5,950 meters in a small river under the former Small River Maintenance Act (amended by Act No. 6000 of Aug. 31, 199).

On the other hand, in December 2001, the original city established the "the 6 district maintenance master plan for the original city small river" with respect to five small rivers including E.

C. On August 13, 2010, the Defendant issued a public notice of topographic Map (the part on which the instant land was designated as a small river area, including the original state public notice B; hereinafter referred to as the “public notice”), including the designation of the part on board (hereinafter referred to as the “instant land”) connecting each point of Annex 1, 2, 3, 4, 5, 6, 7, 1 among the instant forest land, in sequence, as indicated in Annex 1, 2, 3, 5, 6, 7, 1.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 3, 4, 5, 11, 12, 13, 14 (including numbers, if any; hereinafter the same shall apply), Eul evidence Nos. 1, 2, 5, and 6, and the purport of the whole pleadings

2. Determination

A. The plaintiff's assertion asserts that the notice of this case contains significant and obvious defects as follows.

1) The former Small River Maintenance Act (amended by Act No. 11690, Mar. 23, 2013; hereinafter the same applies) that was enforced at the time the instant notice was issued.

According to the above, although there is no provision that can designate the land other than the present river area as the small river area, the public notice of this case where the land of this case is designated as the small river area according to the former Small River Maintenance Act.

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