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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of the disposition;
A. On February 3, 2016, the Plaintiff is abbreviationd to the Defendant on February 3, 2016, as the Creation and Management of Forest Resources Act and the Forest Resources Act.
(1) Pursuant to Article 36(1) of the former Forest Resources Act (amended by Act No. 14987, Oct. 31, 2017; hereinafter “former Forest Resources Act”), the following applications for permission to cut standing trees with respect to the portion of 49,00 square meters of Gangwon-won D Forest Resources owned by C, 129,315 square meters of E forest land, 119,736 square meters of E forest land, 152,89,736 square meters of G forest, 128,90 square meters of G forest, 140,986 square meters of H forest, and 140,986 square meters of H forest (hereinafter “instant forest”).
Contents - Type of project - Primary (pacter) - Use: Timber and pulp - applied quantity: 4,946 cubic meters / 38,185 (water species: pine trees, fallen leaves, refral trees, and refrigerors) - Remaining number: 416 cubic meters /2,841 cubic meters from 2016 to 2017:
B. On March 15, 2016, the Defendant rendered a disposition rejecting the Plaintiff’s application for permission to cut standing timber for the following reasons.
(hereinafter referred to as the “instant disposition”) The forest of this case may cause serious problems to the safety of railroad operation, which is linked to the lower part of the site where the application was filed, due to the cutting of most of the instant forest land by means of acute slopes and rocks (tinble) (hereinafter referred to as the “instant disposition”).
(2) As confirmed in the Plaintiff’s presence by a person related to the Railroad Facilities Management Corporation and on-the-spot, the permission for railroad crossing is not possible. Accordingly, it was confirmed that I national highways could not carry out standing timber (hereinafter “the ground for disposition 2”), and 3) National highways connected to Bline railroads are under high speed moving vehicles, and safety issues (accidents by falling rocks, etc.) due to permission for cutting trees are likely to occur (hereinafter “grounds for disposition 3”).
(4) The instant forest land is anticipated to be a disaster, such as a concentrated rain landslide after permission for cutting down the forest land as a landslide risk area pursuant to Article 41(1) of the Enforcement Decree of the Forest Resources Act and Article 8(4) of the Enforcement Decree of the Management of Mountainous Districts Act (hereinafter “the ground for disposition No. 4”), and 5.