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(영문) 인천지방법원 2021.01.14 2019구합53673
산지전용허가 거부처분 취소의 소
Text

All of the instant lawsuits are dismissed.

The costs of lawsuit shall be borne by the plaintiffs.

Reasons

1. Details of the disposition;

A. 1) The instant forest land is owned by Plaintiff A and is within a conservation green zone under the National Land Planning and Utilization Act (amended by Act No. 14795, Apr. 18, 2017; hereinafter “National Land Planning Act”), and falls under a mountainous district for public interest purposes under the Mountainous Districts Management Act (amended by Act No. 15504, Mar. 20, 2018; hereinafter the same shall apply) and there is no separate entry route connected to public service.

2) Between the instant forest land and the neighboring public road (Do road, E line), the State land registered as the administrative property under the jurisdiction of the Ministry of Land, Infrastructure and Transport on the Ministry of Land, Infrastructure and Transport on the Ministry of Land, Infrastructure and Transport (hereinafter “the instant State property”) and registered as the F 4,560 square meters of a road on December 13, 2019 and converted into H 4,473 square meters of a road on December 23, 2019.

In addition, there are ① 1,586 square meters of forest land in Seo-gu and Incheon, Seo-gu (hereinafter “instant State property”); and ② 1,586 square meters of forest land in this case (hereinafter “each State property in this case”)

B. Around August 2015, the Plaintiffs filed an application for permission to engage in development activities, and the Defendant’s return disposition 1) Plaintiff A filed an application with the Plaintiff for permission to engage in development activities with regard to the change of land size of 4,638 square meters among the forest land in this case, which is a farmland cultivation site. B) along with the above application for permission to engage in development activities, Plaintiff A is the spouse of Plaintiff C, who is 4,368 square meters among the forest land in this case, as the land for crop cultivation site.

A. As a site for seeds and seedlings, 4,636 square meters out of the forest of this case is a company that was represented by Plaintiff I Co., Ltd.

The Si filed an application for permission to divert each mountainous district with respect to 4,728 square meters among the forest land in this case as a site for cultivating greenhouses (pots and flowerss).

C) However, the above application for permission to engage in development activities and the above application for permission to convert each mountainous district are governed by Article 7, etc. of the Civil Petitions Treatment Act (amended by Act No. 13459, Aug. 11, 2015).

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