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(영문) 수원지방법원 2020.02.14 2019구합61862
불법전용산지신고 불수리처분 취소
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 September 14, 1988, the Plaintiff purchased B forest land B 1,981 square meters (hereinafter “one land”) and completed the registration of ownership transfer on September 19, 198. On September 22, 2017, the Plaintiff purchased C forest land 794 square meters (hereinafter “second land”) on September 26, 2017 and completed the registration of ownership transfer on September 26, 2017.

B. On April 25, 2018, pursuant to Article 3(1) of the Addenda to the Management of Mountainous Districts Act (No. 14361, Dec. 2, 2016; hereinafter “the Addenda of the instant case”), the Plaintiff filed a report with the Defendant on Apr. 25, 2018, stating that “The Plaintiff continued to use the land of 1,500 square meters among the land No. 1 (hereinafter “the first report site”) and 613 square meters among the land No. 2 (hereinafter “the second report site”; hereinafter “each report site of the instant case”) for the purpose of “former” after 1960.

(The location and shape of each reported site of this case are as shown in the annexed sheet).

On June 8, 2018, the Defendant notified the Plaintiff that the instant report would not be accepted for the following reasons (hereinafter “instant disposition”). A. The Defendant notified the Plaintiff that the instant disposition was not acceptable.

"Temporary special cases concerning unlawfully converted mountainous districts" in Article 3 of the Addenda of the instant case refers to the following matters: (a) as of January 21, 2016, at least three years (in cases of restricted development zones, continuing to be used for rice paddy field, paddy field, etc. after changing the form and quality before designation of restricted development zones) of mountainous districts without following lawful procedures at the time this Act enters into force; and (b) as of January 21, 2016, it is intended to make necessary dispositions, such

B. On July 30, 1971, the place of reporting illegal mountainous district for the illegal use of two parcels, including land 1, is an area designated as a development restriction zone, and on November 1, 1966 before the designation of a development restriction zone, the airline is partly cultivated and part of it is confirmed as forest condition.

(c) however, paragraph 1.

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