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(영문) 서울고등법원 2020.12.16 2020누50838
이행강제금부과처분취소
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

Reasons

1. Details of the disposition;

A. On April 18, 2016, the Plaintiff was entrusted with the use and management of D, etc. as to the 6,523 square meters of land E in Gyeyang-gu, Seoyang-gu and 4,866 square meters of forest land (hereinafter “instant forest”) owned by D, etc. within a development restriction zone.

B. Of the instant forest land, trees, which were planted in a 1,000 square meters and buried therein, were permitted to cut trees 24 glus in order to remove fire trees, etc. on May 20, 2016.

C. On April 18, 2016, the Plaintiff was entrusted with the use and management of the instant forest by D, etc., and, in order to cultivate the ginseng in the instant forest, the Plaintiff, in 2016, engaged in roin work in the aggregate of 2,233 square meters in E forest and 4,745 square meters in F forest and 6,978 square meters in size (hereinafter “instant forest and field”).

On April 24, 2020, the Plaintiff stated in the preparatory brief that “it was a fact that, in the instant forest parts, the mold was formed in the hills between the neighboring site and the previous hills, there was an installation of a 45 cm radius in diameter, 50 meters in length, and 50 meters in length, embling the superior above the adjoining land and making it into the parallel with the adjoining land.”

The Plaintiff, in the forest and field of the instant case, installed the sunlight to prevent sunlight, and used it as a dry field for cultivating ginseng.

Upon the filing of a civil petition on December 1, 2016, the Defendant confirmed the forest of this case and read the aerial photography of Gyeonggi-do, and confirmed the site on July 17, 2018, and discovered the change of the form and quality of the forest of this case as the Plaintiff.

On March 18, 2019, the Defendant provided the Plaintiff with an opportunity to present his/her opinion by giving prior notice for corrective order, and on May 7, 2019, issued a corrective order to restore the illegal act to its original state, and urged the Plaintiff to issue a corrective order on June 11, 2019.

E. The Plaintiff did not comply with the corrective order. On August 12, 2019, the Defendant planned to impose KRW 96,296,400 for the instant forest portion as indicated below on the Plaintiff.

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