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(영문) 전주지방법원 2015.06.10 2014구합1045
복구비예치명령처분 무효 확인 등
Text

1. The plaintiff's primary and conjunctive claims are all dismissed.

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

Reasons

1. Details of the disposition;

A. The land for which D and E obtained permission to collect earth and rocks from the Defendant and completed collection of earth and rocks with respect to B forest land of 3,306 square meters and C forest land of 17,752 square meters prior to the division before the division.

D and E did not perform the restoration after completion of the soil and stones reciting, the Defendant received total of KRW 109,990,000 from a guarantee insurance company that entered into a guarantee insurance contract for the payment of restoration expenses by D and E around January 2004 and September 2006.

B. On June 24, 2008, the Plaintiff engaged in waste recycling business: (a) filed an application with the Defendant for approval of a plan for restoration with the term of 109,990,000 square meters for restoration work as KRW 12,309,00; and (b) the period of restoration work as 60 months; and (c) on the same day, the Defendant approved the Plaintiff’s plan for restoration (hereinafter “disposition for approval of the instant plan”) by deeming the period of restoration to be up to June 30, 2013 pursuant to Article 40 of the former Management of Mountainous Districts Act (amended by Act No. 1031, May 31, 2010).

C. As the above B and C were partially divided, on October 15, 2010, the Plaintiff filed an application with the Defendant for approval of changes in the design for restoration to the effect that: (a) the Plaintiff is to convert the subject of restoration into KRW 3,282 square meters of forest land B and C, and KRW 7,080 square meters of forest land C, KRW 3,621 square meters of forest land, and KRW 13,983 square meters of forest land F, and KRW 420,310,000 of forest land after dividing the subject of restoration into the Defendant.

On October 20, 2010, pursuant to Article 38 of the former Mountainous Districts Management Act (amended by Act No. 1031, May 31, 2010), the Defendant issued a disposition to order the Plaintiff to deposit KRW 310,320,00 (hereinafter “instant order to deposit the restoration expense”).

On November 30, 2010, the Plaintiff entered into a payment guarantee insurance contract with Seoul Guarantee Insurance Co., Ltd. for the amount of KRW 310,320,000 for restoration expenses, and said insurance contract is for the Defendant.

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