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(영문) 춘천지방법원 2019.11.05 2019구합50951
시유임야 사용허가 불허처분 취소
Text

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 Defendant is an owner of B forest land B with a size of 124,585 square meters in Won-si, an administrative property under Article 5(2) of the Public Property and Commodity Management Act (hereinafter “Public Property Act”).

B. On September 21, 2015, the Plaintiff is above-mentioned.

Of the forests stated in the port, 7,500 square meters of the forest land (hereinafter referred to as “instant forest”) was applied for permission to use the forest land in the city.

C. On November 2, 2015, as stipulated in Article 20 of the Public Property Act, and Articles 9 and 13 of the Enforcement Decree of the same Act, the Defendant permitted the Plaintiff to use forest land as follows:

(hereinafter “Prior Permission”. The purpose of use is to grant the permission for use of a wood shed: The period of permission for use of a wood shed (the beginning): November 3, 2015 to December 31, 2018: 115,000 won of the terms and conditions of permission (hereinafter “instant conditions of permission”): the purpose of use under Article 1 (Purpose of Use) of the said terms and conditions of permission (hereinafter “the instant conditions of permission”).

Article 9 (Restrictions on Activities of Employees) No employee shall do any of the following acts without approval at this time:

1. Alteration of the purpose of use or profit;

3. Where the original state of the property for which permission for use has been granted falls under any of the following cases, the permission for use of all or part of the permitted property may be revoked at any time:

2. If he neglects to keep any permitted property in custody, or violates any condition of permission.

8. In the event that matters deemed necessary for the management of property at this time are not performed, the matters to be instructed and supervised under Article 17 shall be subject to all directions and supervision on the permitted property at this time.

Article 20 (Simplified Provisions) The permission shall be cancelled if it is impossible to obtain or not to do so by individual laws by using the permitted property, and in the case of installing stables or other permanent facilities prescribed by Presidential Decree to use grassland pursuant to Article 17 of the Grassland Act, the permission, permission and reported matters shall be performed in accordance with the relevant Acts after obtaining approval from the original State.

The plaintiff on 2015.

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