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(영문) 대구지방법원 2018.10.26 2018구합22656
토지사용재결처분 취소
Text

1. Attached Form that the Defendant rendered to the Plaintiff on October 19, 2017

1. The decision of use of the land indicated in the list shall be revoked;

2...

Reasons

1. Details of ruling;

A. According to Article 16(1)1 of the Act on the Management and Management of State Forests (amended by Act No. 14357, Dec. 2, 2016), the Plaintiff (competent state forests) means state forests prescribed by Presidential Decree that need conservation for public interests, such as securing forest management forests, developing forestry technologies, and conducting academic research, state forests that need conservation for conservation for public interests, such as the protection of historical relics, nature sites, monuments, and tangible cultural heritage, conservation of ecosystems, and protection of water sources, etc.

Before being amended by Act No. 14357, Dec. 2, 2016, the foregoing Act classified state forests into “permanent state forests” and “non-permanent state forests,” and the term was changed into “permanent state forests” and “non-permanent state forests.”

[Attachment], an administrative property,

1. It is the owner of the land indicated in the list (hereinafter “instant forest”).

(b) The Korea Rail Network Authority shall obtain approval for an implementation plan for railroad construction projects under Article 9 (1) of the Railroad Construction Act from the Minister of Land, Infrastructure and Transport to implement railroad construction projects (referring to projects implemented for the construction of Ulsan-Posting irons by 26 times per week);

C. The Minister of Land, Infrastructure and Transport publicly announced under Article 9(4) of the Railroad Construction Act.

(No. 209-197 announced by the Ministry of Land, Transport and Maritime Affairs on April 23, 2009, No. 2011-67 announced by the Ministry of Land, Transport and Maritime Affairs on March 8, 201, No. 2011-67, Aug. 1, 2014, Ministry of Land, Transport and Maritime Affairs Notice No. 2014-460, Jul. 7, 2016).

In order to use the forest of this case, the Korea Rail Network Authority consulted with the Minister of the Korea Forest Service to use the forest of this case, but did not reach an agreement, applied to the Defendant for

E. On October 19, 2017, the Defendant rendered a ruling of use as follows to the Plaintiff.

(hereinafter “instant adjudication”). The Korea Rail Network Authority shall use the instant forest for railroad construction projects and compensate for losses.

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