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(영문) 광주고등법원 2018.07.05 2018누4204
관광농원 사업계획 불승인처분취소 청구의 소
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 grounds for the judgment of this court which cited the judgment of the court of first instance shall be that of the court of first instance;

C. (1) As follows, the Plaintiff’s assertion of deviation from and abuse of discretionary power, which the court emphasizes again, is identical to the reasons for the judgment of the first instance, except for the following determination as to the Plaintiff’s assertion of deviation from and abuse of discretionary power, and thus, it is cited as it is in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act. 1) According to the evidence No. 3 of the first instance judgment, the Defendant initially recognized the access road to a preserved mountainous district, which is a preserved mountainous district classified as a mountainous district, as an access road only for “road” under Article 2(1)11 of the Building Act or “private road” under the Private Road Act, and thus, it is not permitted to convert the mountainous district for the purpose of creating a tourist farm for forestry use, which uses a “road” rather than a “road” under the Act, and thus, the agreement not to convert the mountainous district into a mountainous district into a single part of the grounds for the instant disposition

However, among the instant lawsuit, the Defendant added the grounds for the instant disposition to the effect that the Plaintiff failed to meet the requirements for permission for mountainous district conversion under Article 20(6) [Attachment Table 4] [Attachment Table 1] subparagraph 1(e)10 of the former Enforcement Decree of the Mountainous Districts Management Act (amended by Presidential Decree No. 27725, Dec. 30, 2016) (i.e., conversion of a mountainous district using the grounds and current status of the original disposition is identical, and thus, the ground for disposition is additionally recognized. According to the former Enforcement Decree of the Mountainous Districts Management Act, the term “the Plaintiff’s use of a mountainous district for the instant project

The current status of the conversion of a mountainous district by using the same or the completion inspection is not completed but actually possible, and the road management authority or road manager consents to the use of the road.

2. Added.

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