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(영문) 부산지방법원 2015.09.10 2015구합555
개간대상지선정신청불허가처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On December 2, 2014, the Plaintiff filed an application with the Defendant for the selection of land subject to reclamation while developing 3,306 square meters of land (land located within a development-restricted zone; hereinafter “the instant forest”) owned by the Plaintiff as an orchard.

B. On December 17, 2014, the Defendant rendered a disposition rejecting an application for the selection of the land to be reclaimed for the following reasons (hereinafter “instant disposition”).

Development-Related to development activities - Permission for activities in a development restriction zone (hereinafter “the ground for first disposition”) in accordance with Article 12(1)4 of the Act on Special Measures for Designation and Management of Development Restriction Zones and Article 14(1)1 of the Enforcement Decree of the same Act (hereinafter “the ground for second disposition”). A mountainous district applied for land subject to reclamation shall not be converted into farmland (hereinafter “the ground for second disposition”) for public use pursuant to Article 12(2) of the Management of Mountainous Districts Act, which is a mountainous district for public use, among preserved mountainous districts designated to promote public functions, such as prevention of disasters, protection of water sources, preservation of natural ecosystems, preservation of natural scenery, preservation of natural scenery, promotion of national health and recreation, etc.

On January 9, 2015, the Plaintiff filed an objection with the Defendant seeking the revocation of the instant disposition (hereinafter referred to as “instant objection”). On January 23, 2015, the Defendant notified the Defendant of the results of the examination pursuant to the objection (hereinafter referred to as “the notification of the results of the examination of the instant case”).

Development-related - Examination of the "application for permission for activities within a development-restricted zone (change in the form and quality of land)" attached to the application, which is not included in the subject of the application for permission for activities (change in the form and quality of land) since the cutting and banking of land is not accompanied on the main site, and there is no change in the form and quality of land, and the act of maintaining waterway(s) and planting seedlings in the site

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