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(영문) 광주고등법원 2017.09.14 2016누5326
산지전용불허가처분취소
Text

1. The plaintiff's primary claim added by this court is dismissed.

2. Revocation of the judgment of the first instance, and this shall be applicable.

Reasons

1. Details of the disposition;

A. On January 8, 2016, the Plaintiff filed an application with the Defendant for a building permit to newly build animal and plant-related facilities (hereinafter “instant application”) on the ground of the area of 28,152 square meters (hereinafter “instant site”) among the forest land in 47 and Dogsan 48, Jindo-gun, Jindo-gun (hereinafter “instant application site”) (hereinafter “instant application”).

B. The application for permission of mountainous district conversion, report on the construction of structures, permission for the installation of livestock excreta discharging facilities, etc. on the construction of a site for the new construction of the instant money is written in the form of a package disposal.

C. On April 6, 2016, the Defendant: (a) notified the recipient of the Plaintiff, the Regional Development Director, the Safety Construction Director, and the Civil Service Director to return the instant application (hereinafter “Notice of rejection of the instant application for construction permit”; and (b) issued a written notification stating the purport of the notification of rejection of the instant application for construction permit (hereinafter “Notice of rejection of the instant application for construction permit”).

1. Related matters: Civil petitions-184 ( January 8, 2016) and green industries-9819 ( April 4, 2016);

2. The application for permission of mountainous district conversion (including the application received in a lump sum) shall be rejected as a result of the review of the relevant department on the application for permission of mountainous district conversion based on the application for permission of mountainous district conversion, and the application shall be rejected, and both underground times

3. If there is an objection to this disposition, I may file an administrative appeal or administrative litigation within 90 days from the date of receipt of the notification of the administrative disposition.

Attachment:

1. One copy of the alternative notification;

2. One copy of the notification of non-permission to convert a mountainous district;

D. The alternative notification attached to the notification of the return of the application for the instant building permit (hereinafter “instant alternative notification”) shall contain the following reasons for rejection:

The commencement of a project: Article 20 (6) related (attached Table 4) of the Enforcement Decree of the Management of Mountainous Districts Act - An applicant shall implement a project for conversion of a mountainous district without delay after obtaining permission.

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