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(영문) 서울행정법원 2015.04.09 2014구합4283
채석단지지정처분취소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of the lawsuit, including those resulting from the participation, shall be all included.

Reasons

1. Details of the disposition;

A. The plaintiffs are residents residing in B and C in the official city.

B. The Defendant’s Intervenor (hereinafter “Supplementary Intervenor”) filed an application with the Defendant for the designation of a stone collection complex in order to implement a project (hereinafter “instant development project”) to develop D and eight lots (hereinafter “instant land”) outside the limit of public land (hereinafter “instant land”). The Defendant, on January 15, 2014, pursuant to Article 29 of the former Management of Mountainous Districts Act (amended by Act No. 12513, Mar. 24, 2014; hereinafter “Mountainous Districts Management Act”) on the said nine lots, as indicated in [Attachment], designated disposition of a stone collection complex (hereinafter “instant disposition”), the designated area of which is 397,781 square meters in total, and the part included in a stone collection complex (hereinafter “instant stone collection complex”) in the Eth Official Gazette in the Korea Forest Service, and publicly announced this in the Eth Official Gazette.

[mark] 869,899 397,781, 160, 307 G 3,7888,788 G 3,7888 H 86,307,431 I 6,7231, 994 J 47,082 4,581 K 15,089 K 15,089 10,158 L 2,009 2,009 M214,575 130,493 N 28,6156,020

C. On February 26, 2014, the Plaintiffs filed the instant lawsuit against the instant disposition.

[Ground for Recognition: Facts without dispute, entry of Gap evidence 1, purport of whole pleadings]

2. The assertion and judgment

A. 1) The Plaintiffs’ assertion 1) The land located in O in the case of an unlawful public order for the adjustment of the rating of ecological and natural maps (hereinafter “B”).

(A) land, M, and N (hereinafter referred to as “A”);

It is divided into left side and right side in the center of the Plsan middle ridge.

However, as a prerequisite for the development of a stone collection complex, it is necessary to lower the rating of ecological and natural map of the project zone from the first grade zone to the second grade or third grade. An intervenor filed an application for the adjustment of ecological rating with respect to the area B other than the area A for which the instant disposition was taken, and the Minister of Environment together with the area B.

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