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(영문) 수원지방법원 2017.02.16 2016가단39299
손해배상
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On December 11, 2009, the Plaintiff filed an application for permission to convert a mountainous district for the purpose of creating a site for a detached house with respect to the total of 3,968 square meters of land in the e, F, G, H, and I’s five lots of land in the instant case (hereinafter “instant road”) with the aim of creating a site for a detached house. In addition, the Plaintiff filed an application for permission to convert a mountainous district for the purpose of creating a site for a detached house with respect to the said E, F, G, H, and I’s five lots of land in the instant case.

(2) On January 26, 2010, the chemical market rejected an application for permission for the diversion of the said mountainous district on the grounds that Article 18 of the Mountainous Districts Management Act and Article 20(4) [Attachment Table 4] 1(e) of the Enforcement Decree of the same Act were violated, the Plaintiff voluntarily withdrawn the application for permission for the said development activities, and on March 17, 2010, filed a lawsuit seeking revocation of the said permission for the diversion of the mountainous district under this Court 2010Guhap3689.

③ On August 23, 2010, when the lawsuit for revocation was pending, the Plaintiff filed an application for permission for development of the same content as the application for permission for conversion of a mountainous district and the withdrawal thereof with the content that reduces the exclusive use area for the creation of a housing site to 1,732 square meters with the mayor of Sungsung City

(4) On August 26, 2010, this Court recommended a mediation of the following purport: (a) on the application for permission for development activities again submitted, “the instant application” and “the instant application site”; and (b) on August 26, 2010, this Court accepted the recommendation and withdrawn the said lawsuit by the Plaintiff (hereinafter “instant mediation recommendation”); and (c) upon permitting conversion of a mountainous district to the reduced area, the Plaintiff voluntarily withdrawn the said lawsuit.

⑤ On October 6, 2010, when the application of this case was filed on the basis of 25m from the sea wave where the land price for the application of this case is high, the application of this case exceeds 50m, and the National Land Planning and Utilization Act is below.

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