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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. The Plaintiff is the owner of Busan-si, Seocheon-si, Busan-do 94 Forest and 9,920 square meters (hereinafter “instant land”) located in the development restriction zone.
B. On December 30, 2014, the Defendant imposed KRW 69,017,00 for compelling the performance on the Plaintiff on the ground that the Plaintiff committed an unlawful act of “the alteration of form and quality (including the cutting of bamboo and trees, forest road construction), illegal construction (container) and the piling of goods (building stones)” in the instant land located within the development restriction zone.
C. On May 11, 2015, the Defendant confirmed the fact that the above illegal act was not corrected, and again issued a corrective order, but the Plaintiff failed to comply with the corrective order on the part of "illegal construction (container) and the goods storage" portion. On June 24, 2016, the Defendant issued a disposition imposing KRW 1,445,000 for compelling the performance (hereinafter "instant disposition") on the Plaintiff on June 24, 2016.
The Plaintiff filed an administrative appeal against the instant disposition, but was dismissed on November 30, 2016.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 1 (including branch numbers, if any) and the purport of the whole pleadings
2. Whether the disposition is lawful;
A. The Plaintiff’s assertion 1) Special Measures for Designation and Management of Development Restriction Zones (hereinafter “Act on Development Restriction Zones”)
) According to Article 12(4) of the Enforcement Rule of the same Act and Article 12(5) of the same Act (attached Table 4 subparag. 5(a), a minor act, such as "temporary use of existing buildings, such as livestock penss and silkworm-raising rooms, as places of storage of goods and products necessary for daily life, or as places of work for farm business, such as shots and sludge," may be done without obtaining permission or filing a report. The Plaintiff used the instant containers as places of goods and products necessary for carrying out agricultural activities by obtaining permission for the act related to the growth and planting of new production medicine in the instant land and carrying out agricultural activities.