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(영문) 수원지방법원 2019.01.22 2018구합1672
불법전용산지신고불가처분취소
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 Plaintiff et al. specified the part of the land B, C, and D (hereinafter “instant land”) in Ansan-si, Anyang-si, as the Plaintiff’s land, and specified the land B. The land C and D appears to be the Plaintiff’s land, and C and D appears to be the Plaintiff’s child, pursuant to Article 3 of the Addenda to the Management of Mountainous Districts Act (Act No. 14361, Dec. 2, 2016) of the Special Provision on Temporary Special Cases Concerning Illegal Mountainous Districts (hereinafter “the instant report”).

B. On June 7, 2018, the Defendant refused to accept the instant report on the ground that the instant land cannot be deemed to have been used continuously from July 30, 1971, which was designated as a development restriction zone, to the present date.

(hereinafter “Disposition in this case”). / [Grounds for recognition] without dispute, Gap evidence 1, Eul evidence 1-3, the purport of the whole pleadings.

2. Whether the disposition is lawful;

A. Before the Plaintiff’s assertion is designated as a development restriction zone, the instant land was continuously used as farmland, such as growing livestock plants after being developed as grassland under the Grassland Act around 1969 and growing livestock, and thus constitutes the requirements for the Special Provision.

Nevertheless, the instant disposition rejecting the instant application is unlawful.

(b) The attached Form of relevant statutes is as follows.

C. According to the Special Provision, a person who has used or managed a mountainous district for the purpose of electricity, paddy field, and orchard continuously for at least three years as of January 21, 2016 without following lawful procedures at the time the Management of Mountainous Districts Act was implemented may obtain necessary dispositions, such as permission for conversion of mountainous districts, by reporting such fact to the head of a Si/Gun/Gu, and the head of a Si/Gun/Gu shall impose necessary measures, such as restriction on activities of conversion of mountainous districts under the Mountainous Districts Management Act or other Acts, and criteria prescribed by Presidential Decree.

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