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(영문) 춘천지방법원 2015.01.30 2014구합692
군유림사용허가승인취소처분취소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. On April 1, 1989, the Defendant: (a) designated 25,00 square meters of 45,640 square meters of Gangseo-gun, Suwon-gun, the military property, as a grassland development district (hereinafter “land before subdivision”); (b) around that time, granted permission to create grassland pursuant to the Grassland Act; and (c) granted permission to use military property from January 1, 1998 to December 31, 2002 with regard to the said land.

B. Since C created grassland on the land before subdivision and raised salt around April 1999, C died, the Defendant, upon C’s application by his/her birth, had the change in the name of the permission for the use of military property to the said land, and the subsequent period of use was extended until December 31, 2012.

C. In around 2008, the Defendant conducted an investigation into the actual state of military maintenance, and completed registration conversion of part of the land before subdivision into 970 square meters of Gangwon-do E Forest and Forest and 917 square meters of F Forest and Forest, and then changed the land category of 277 square meters used as a housing site out of 970 square meters of the aforesaid E forest and forest into a housing site, and divided the said land into 693 square meters of land into 693 square meters of Gangwon-do forest and forest G 693 square meters (hereinafter “the instant grassland”).

On May 31, 2013, pursuant to Article 20 of the Public Property and Commodity Management Act, the Plaintiff obtained permission for the use of the grassland of this case from the Defendant for the use period from January 1, 2013 to December 31, 2013.

(hereinafter “instant permission for use”). (e) The instant permission for use.

On November 14, 2013, the Defendant issued a disposition revoking the permission for use of the instant grassland against the Plaintiff on the ground that “it is reasonable to allow D to use the instant grassland since D initially obtained the permission for the creation of grassland and obtained the permission for the use of military forest.”

(f) On February 14, 2014, the Plaintiff filed an administrative appeal seeking the revocation of the instant disposition with the Gangwon-do Administrative Appeals Commission. According to Article 17 of the Grassland Act on April 28, 2014, the Gangwon-do Administrative Appeals Commission filed an administrative appeal with respect to state-owned and public land.

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