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(영문) 인천지방법원 2020.07.24 2019구합53741
개발행위허가처분 무효확인
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of the disposition;

A. The Plaintiffs are co-owners of forest E, E, 29,831 square meters (hereinafter “Plaintiffs’ land”) in Incheon-gun, and D (hereinafter “the instant clan”) is the owners of forest land of 1,190 square meters in the Incheon-gun, Incheon-gun, Incheon-gun, where the Plaintiffs’ land is located (hereinafter “the instant clan”).

B. On November 10, 2017, the instant clan filed an application for permission to convert a mountainous district for the purpose of “the creation of a site for a seed burial ground” with respect to a clan land, and the Defendant, on December 20, 2017, pursuant to Article 56 of the former National Land Planning and Utilization Act (amended by Act No. 14795, Apr. 18, 2017; hereinafter “National Land Planning Act”), permitted the following development activities (change of the form and quality of land):

(hereinafter referred to as "disposition in this case"). Site location: The F land category: the specific use area of forest: the area permitted for the agricultural and forest area (a preserved mountainous district/forest use area): 1,111: The period of permission for the creation of a site for a clan natural burial ground (a woodland) from December 20, 2017 to December 18, 2019: the amount paid from December 20, 2017: 21,000 won of registration and license tax, 3,30,000 won of regional development bonds, and performance guarantee: 16,27,27,210 won of recovery expenses, expenses for recovery, expenses for forest replacement, expenses for forest replacement, and expenses for forest replacement, 6,171,490 won.

C. On March 20, 2019, the Plaintiffs filed an administrative appeal seeking the invalidation and revocation of the instant disposition with the Incheon Metropolitan City Administrative Appeals Commission, and the Incheon Metropolitan City Administrative Appeals Commission dismissed the administrative appeal seeking the invalidation of the instant disposition on April 29, 2019, and dismissed the administrative appeal seeking the revocation of the instant disposition.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 4, 5, 6, Eul evidence Nos. 1, 2 and 8 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. In the following reasons, the illegality of the instant disposition is serious and invalid.

It is impossible to create a natural burial ground on the land of a clan.

In other words, ..

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