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(영문) 서울행정법원 2014.01.16 2012구합5268
사방지지정등처분취소
Text

1. An erosion control area designated on December 22, 201 and an erosion control area designated on December 22, 201 with respect to 20-2 forest land in Seocho-gu Seoul, Seocho-gu, Seoul.

Reasons

1. Details of the disposition;

A. In accordance with Article 4 of the Work against Land Erosion or Collapse Act on December 22, 2011 and Article 2 of the former Enforcement Decree of the Work against Land Erosion or Collapse Act (amended by Presidential Decree No. 23453, Dec. 30, 201; hereinafter the same shall apply), the Defendant: (a) owned by the Plaintiff under Article 201-80 of the Seocho-gu Seoul Metropolitan Government Public Notice of Seocho-gu; (b) 20-2 forest land in Seocho-gu, Seocho-gu, Seoul; (c) 20-9 forest land in 20-9 forest land in 20-10 forest land in 20-10 forest land in 20-10 forest land in 208 square meters in 20-2 forest land in 9,706 square meters in 200; (d) the above land was combined with the above land in 20-2 forest land in 9,706 square meters in 19,61 square meters in hereinafter referred to as the land in this case);

(B) The instant land is designated as an erosion control area (hereinafter “the instant land”).

On January 2, 2012, pursuant to Article 12(1) of the former Countermeasures against Natural Disasters Act (amended by Act No. 10599, Apr. 14, 2011; hereinafter the same), the Defendant designated the daily area of the Seocho-gu Seoul Metropolitan Government Seocho-gu, Seocho-gu, Seoul, as the area of natural disaster risk on the ground of the collapse risk of the area near the land of this case as the Seoul Seocho-gu, Seocho-gu, Seoul, as the area of natural disaster risk.

(hereinafter referred to as the “instant disposition to designate the risk zone of the instant land”). [The grounds for recognition] / [this case’s disposition to designate the risk zone of the instant land]: (a) there is no dispute; (b) evidence No. 1-3; (c) evidence No. 2-1-2; (d) evidence No. 3-1-2; (e) evidence No. 4-1-3; (e) evidence No. 3-1-3; (c) evidence No. 4-1-2; and (d) the purport of the whole

2. Whether the instant disposition for designating the erosion control area and the risk zone is legitimate

A. 1) The parties’ assertion 1) The procedural defect of the Plaintiff’s assertion is (1) the execution of the erosion control project against the instant land erosion control.

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