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(영문) 광주지방법원목포지원 2017.10.19 2016가단54245
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The registration of preservation of ownership is completed in K, L, and M in the field of J-gun of Jindo-gun (hereinafter “the instant forest”) with the area of 45620 square meters in J-gun of Jindo-gun.

B. M died on August 22, 2005, and the Plaintiffs are inheritors of M.

C. L obtained the approval of the forest management plan on January 29, 2016 for the instant forest with the consent of K, and obtained the approval of the forest management plan from the Jindo-gun on February 1, 2016, L reported the forest management plan for felling the same day (hereinafter referred to as “the instant approval, etc.”) and the said report was immediately accepted.

Since L cut 949 parts of the instant forest, 105 parts of the other active trees, and 61 parts of the trees. The quantity permitted to cut was only 525 parts of the trees.

E. On March 30, 2016, the head of Jindo-gun revoked the instant authorization, etc. on April 5, 2016, on the ground that L violated the incidental conditions of the instant authorization, etc.

F. Meanwhile, L was sentenced to a fine for violating the Mountainous Districts Management Act.

G. The purpose of this Act is to contribute to the conservation of national land, the development of national economy, and the improvement of the quality of life of the people by allowing them to perform various functions of forests through the development and management of forest resources and by promoting the sustainable preservation and utilization of forests through the development and management of forest resources under relevant Acts and subordinate statutes (hereinafter “related Acts”).

Article 1-2 (Basic Principle for Management and Management of Forests) Forests shall be managed and managed so that their functions can be displayed most harmoniously and appropriately in various fields, such as society, economy, culture, etc. for the happy life of the people, since forests are valuable assets that constitute the largest portion of national land.

Article 13 (2) Other than the heads of local governments, owners of public forests or private forests (including persons entitled to gain profits by legitimate title).

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