The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Details of the disposition;

A. On February 18, 2019, the Plaintiff filed an application with the Defendant for permission to engage in development activities aimed at creating detached houses and road sites on each of the instant land on the instant land, as the owner of B forest land B, 3,669 square meters, and C, 1,924 square meters (hereinafter “each of the instant land”).

B. On March 8, 2019, the Defendant rejected the said application against the Plaintiff on the ground that “The instant land was donated to Gwangju City for the creation of the park site and the permission for use and benefit of public property is not possible pursuant to Article 14(1) of the Ordinance on the Management of Public Property at Gwangju City” (hereinafter “instant disposition”).

C. The Plaintiff filed an administrative appeal, but the Gyeonggi-do Administrative Appeals Commission dismissed the said claim on June 24, 2019.

[Ground of recognition] Facts without dispute, Gap 1 through 6 evidence, Gap 3 evidence, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The land scheduled for the access road of the Plaintiff’s assertion is connected to the packaging road leading to each of the instant lands, and has been used for the mountain trails, passage roads, and farming by neighboring residents since around 2015. As such, in constructing a detached house on each of the instant lands, using the land scheduled for the access road of the instant case as the access road cannot be deemed to contravene the administrative purpose of the instant land donated, and thus, the prior disposition of the instant case was unlawful on a different premise.

B. 1) In the process of newly building and selling G apartment, the land scheduled for the access road of this case was donated to Gwangju City for the purpose of creating a park site around January 23, 1999 and around June 17, 1999 (land contributed, and around that time, ownership transfer registration based on the donation was completed in the future of Gwangju City as to the land scheduled for the access road of this case.

(2).