2. On December 21, 2016, the Defendant: (a) on December 21, 2016, on the part of the Plaintiff, on the 683 square meters of land B in Seongbuk-gu, Sungnam-si.

The court's explanation on this part is the same as the corresponding part of the judgment of the court of first instance. Thus, this part is cited by Article 8 (2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

2. The entry of “related laws and regulations” in the attached Form of the relevant laws and regulations.

3. Determination on the defense prior to the merits

A. The Defendant’s assertion that the instant disposition does not constitute a disposition that is the subject of appeal litigation, since the Defendant’s act of entering the instant land use plan written confirmation as illegal forest and damaged land is merely a fact-finding act aimed at facilitating convenience in the execution of administrative affairs and taking it as a material for certification of facts, thereby causing direct change in the Plaintiff’s specific rights

B. Article 56(1) main text of the former National Land Planning and Utilization Act (amended by Act No. 15727, Aug. 14, 2018; hereinafter “National Land Planning Act”) provides that any person who intends to engage in development activities, such as changing the form and quality of land, shall obtain permission from the competent authority for development activities. Article 58(3) of the National Land Planning and Utilization Act delegates the standards for permission for development activities to be determined by Presidential Decree in consideration of the characteristics of the region, the development status of the region, the current status

Accordingly, the criteria for permission for development activities under Article 56(1) and attached Table 1-2 of the former Enforcement Decree of the National Land Planning and Utilization Act (amended by Presidential Decree No. 28553, Dec. 29, 2017; hereinafter “Enforcement Decree of the National Land Planning and Utilization Act”) require that the standards prescribed by urban or Gun planning ordinance should be satisfied in consideration of the gradient, clinical, elevation, height of neighboring roads, drainage, etc. in cases of changing the form and quality of land or collecting earth and rocks

According to the delegation of the Enforcement Decree of the National Land Planning and Utilization Act, Article 21(1)3 of the former Urban Planning Ordinance (amended by Ordinance No. 3127, Sept. 20, 2017) of the Sung-nam City (amended by Ordinance No. 3127, Sept. 20, 201) has been damaged by intention