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(영문) 서울고등법원 2017.11.08 2017누34362
지목변경신청반려처분취소
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance, such as admitting the judgment, is the same as the reasoning of the judgment of the court of first instance, except to supplement or add the judgment as follows 2. Thus, it shall be cited as it is in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article

2. The supplementary and additional plaintiff asserts that Article 18(1) of the former Forestry Act, which was applied around 1989 when the building of this case was newly constructed, and Article 24 subparag. 3 of the former Enforcement Decree of the Forestry Act, provide that a reserved forest may be diverted to other areas without obtaining permission from the Administrator of the Korea Forest Service when it is intended to use it as a military facility site even if the reserved forest is to be used as a military facility site, and that the land of this case, which is a quasi-contained forest, was legally converted in accordance with relevant statutes around that time.

(1) In a case where intending to divert a reserved forest publicly notified under Article 17 for other purposes, the permission of the Administrator of the Forestry Administration shall be obtained except as prescribed by the Presidential Decree;

Any person who intends to divert a conserved forest for other purposes under subparagraph 3 of Article 24 of the former Enforcement Decree of the Forestry Act (amended by Presidential Decree No. 13052, Jul. 14, 1990) and Article 24 of the Act (Restriction on Diversion of Conserved Forest) shall obtain permission from the Minister of Home Affairs under the conditions as prescribed by the Ordinance of the Ministry of Home Affairs except the case falling under any of the following subparagraphs:

3. In order to use a reserved forest as a military facility site, even if it is intended to use it as a military facility site, the conversion of the reserved forest may be permitted without obtaining permission from the Administrator of the Korea Forest Service. However, on the other hand, Articles 90 (1) and 90 of the former Forestry Act (Permission for and Report on Deforestation, etc. of Standing Timber) (1) of the same Act shall be governed by

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