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(영문) 수원지방법원 2015.06.16 2014구합4499
산지일시사용기간 연장신고 반려처분취소
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Details of the disposition;

A. On May 31, 2011, the Plaintiff obtained authorization of a forest management plan pursuant to Article 13 of the former Creation and Management of Forest Resources Act (amended by Act No. 10481, Mar. 29, 201) with respect to four parcels, other than forest and forest land B in the wife population, permissible from the Defendant.

B. Pursuant to Article 15-2(2) of the former Management of Mountainous Districts Act (amended by Act No. 12513, Mar. 24, 2014; hereinafter the same), the Plaintiff submitted to the Defendant a temporary use report to the effect that 19 square meters (hereinafter “instant land”) from April 2012 to March 31, 2014, is to be used as a forest manager and warehouse site for the forest manager and warehouse site, and the Defendant accepted the temporary use report on April 23, 2012.

C. After filing a report on temporary use of the same paragraph in the instant land and its neighboring areas, the Plaintiff constructed 48 square meters of a brick building and prefabricated-type college building 2.89 square meters, and installed two containers of 10 square meters and 22 square meters of a container.

On May 10, 2013, on the ground that the Plaintiff violated Articles 14 and 20 of the Building Act, and committed each act described in the said paragraph, the head of the Dong-gu Office ordered the removal of each of the above buildings as a corrective order under Article 79 of the Building Act. The Plaintiff removed each of the above containers, but did not remove 48 square meters of the brick structure (hereinafter “instant structure”) and 2.89 square meters of the prefabricated board.

On May 19, 2014, the head of Yeongdeungpo-si Office imposed a charge for compelling compliance of KRW 2,472,620 on the Plaintiff.

E. Meanwhile, the Plaintiff applied for extension of the period of temporary use pursuant to Article 18-4 of the former Enforcement Decree of the Mountainous Districts Management Act (amended by Presidential Decree No. 25448, Jul. 7, 2014; hereinafter the same), but the Defendant was using the instant building as a house not a forest management manager, which is the purpose of the initial temporary use report, at the time of the initial temporary use report, and the said building was controlled as a non-compliant building under Article 14 of the Building Act, and imposed and removed a non-performance penalty.

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