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(영문) 대구지방법원 2014.06.27 2014구합177
인공구조물(건축물,장애물 등)철거 대집행계고처분 취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. D is the owner of C forest land 63,710 square meters prior to the subdivision, and E is the owner of B forest land B 6,133 square meters, and F, the husband of the Plaintiff, is the Plaintiff, on October 1, 2013, purchased G forest land 13,328 square meters and completed the registration of ownership transfer on the same day.

On the other hand, the above three lots of land are adjacent to each other, such as the indication of the attached drawing.

B. On July 9, 2012, the Special Judicial Police Officers sent the case of violation of the Management of Mountainous Districts Act to the Residential Branch Office of the Daegu District Prosecutors’ Office, stating that “the Plaintiff, without obtaining permission from 2009 to 2011, installed one container and 46 square meters of portable toilets and two container 198 square meters of containers in B forest and fields before subdivision,” as a prosecution opinion.

After that, on October 16, 2012, the Plaintiff was indicted for a violation of the Mountainous Districts Management Act and was notified of a summary order of KRW 1 million (Seoul District Court Decision 2012Da1366), and the said summary order was finalized on November 13, 2012.

C. Accordingly, on December 27, 2012, the Defendant: (a) obtained approval of a restoration plan pursuant to Article 44 of the Management of Mountainous Districts Act from the Plaintiff by January 30, 2013; and (b) notified the Plaintiff that an illegal mountainous district will be restored if a restoration plan is not submitted; (c) as the Plaintiff failed to implement the plan, the Defendant urged the Plaintiff to complete restoration by February 28, 2013, with the same content as the Plaintiff on February 4, 2013.

On March 4, 2013, the Defendant submitted a plan for recovery and approved by March 15, 2013 pursuant to Article 41 of the Mountainous Districts Management Act and Article 3 of the Administrative Vicarious Execution Act as follows, and notified the Defendant that the restoration will be completed, and that the restoration will be performed by proxy if the restoration is not performed by the above date.

The removal of artificial structures of 1,819 square meters in each structure of this case and forest trees for restoration in mountainous districts shall be classified into B, C container 3, portable toilets 1, concrete packaging (hereinafter referred to as “each structure of this case”).

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