The judgment below is reversed, and the case is remanded to Busan High Court.

The grounds of appeal are examined.

1. The lower court, as indicated in its reasoning, found the following facts: (a) although the Plaintiff submitted a proposal for formulating an urban management plan regarding charnel facilities and access roads with the head of Ulsan Metropolitan City, the head of Ulsan Metropolitan City as a project target area except the instant land; (b) the head of Ulsan Gun rejected the proposal; and (c) the Plaintiff filed a lawsuit against the head of Ulsan Gun to revoke the said disposition, but the judgment of loss became final and conclusive.

In addition, on the basis of this, the head of Ulsan District Office rejected the Plaintiff’s application for charnel facilities, etc. on the part of the Plaintiff, not because the land was excluded from the subject site, but because the cause of “the excess of the demand under the mid- to long-term supply and demand plan for funeral facilities in Ulsan Metropolitan City” was the cause of “the excess of the demand under the mid- to long-term supply and demand plan for funeral facilities in Ulsan Metropolitan City.” Thus, even if the Defendant did not refuse to use the land, the Plaintiff appears to have been unable to operate the business of paying charnel facilities, etc. on the part of the Plaintiff as the project site, and as a result, the Plaintiff did not have to dance the expenses incurred by the Plaintiff on the instant land. Therefore, it was difficult

2. However, it is difficult to accept the above determination by the court below for the following reasons.

According to the records, the plaintiff filed a lawsuit of revocation of disposition against the head of Ulsan-gu Gun in response to an application for drafting an urban management plan, but the judgment of loss is declared and the judgment becomes final and conclusive are as recognized by the court

However, according to its judgment, the reason why the plaintiff's loss in the above lawsuit is the reason that "the amount exceeding the demand for the mid- and long-term supply and demand of funeral facilities in Ulsan Metropolitan City" among the matters that the head of Ulsan-gu Office uses as the reason for the above disposition of return, or that "the funeral culture exceeds the amount of demand for the above long-term supply and demand"