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(영문) 대전지방법원 2020.12.16 2019구합105862
개간사업시행계획 승인거부처분 취소
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Details of the disposition;

A. On June 11, 2018, the Plaintiff filed an application with the Defendant for the selection of land subject to reclamation, stating that “the purpose of the instant forest is to develop the forest by pre-sale and produce bean, bean, bean, bean, sat, satis, and satis, etc. to supply quality agricultural products to consumers, and the construction period: from June 201 to May 31, 2020, the Plaintiff filed an application with the Defendant for the selection of land subject to reclamation, including “from June 2018 to May 31, 2020.”

B. On September 12, 2018, the Defendant notified the Plaintiff that the instant forest was designated as a land to be reclaimed (hereinafter “instant notice of selection”), and added the conditions for designating land to be reclaimed, including the following: “After formulating the detailed design and implementation plan for the development project, the Defendant shall request the submission of the implementation plan and the announcement of the implementation plan for the development project at the time after formulating the implementation plan for the development project; and the application for approval of the implementation plan for the development project after completing the announcement.”

C. On December 26, 2018, the Plaintiff filed an application with the Defendant for approval of the implementation plan for the instant forest development project (hereinafter “instant land development project”) containing the contents of “construction period: Period of construction: within 60 days from the date of approval, completion within 24 months from the date of authorization,” “use of land for reclamation” (hereinafter “instant land development project”).

(2) The term “the application of this case” as attached to the aforesaid application for approval includes the following: “Development and farming plan: (a) intent to cultivate crops that can become farm income sources for a multi-year period by investing small capital, thereby contributing to the increase of farm income; and (b) official plan: Civil engineering works (from January 2019 to December 2019); and (c) field adjustment (from October 2020 to December 12, 2020; hereinafter “the completion of construction”). The Defendant notified the Plaintiff on February 111, 2018 to the effect that he/she refuses to grant approval of the application of this case for the following reasons (hereinafter “instant disposition”).

In this case.

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