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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is the owner of each forest of this case, and each forest of this case is designated and announced as preserved mountainous districts (public notice D) on December 26, 2008 and maintained until now.
B. On February 22, 2016, the smuggling Mayor applied for the cancellation of the preserved mountainous district of each of the instant forests on the grounds that the forest falls under class D as a result of the evaluation of mountainous district characteristics of each of the instant forests, and accordingly, on February 24, 2016, the Gyeongnam-do Governor requested the Defendant to cancel the preserved mountainous district of the instant forest on February 24, 2016.
C. On March 21, 2016, the Defendant notified the Do governor of the fact that “as a result of the first and third deliberations by the Central Mountainous District Management Committee in 2016, it was determined inappropriate to cancel the preserved mountainous district and rejected the deliberation because it was inappropriate to cancel the preserved mountainous district.”
(hereinafter referred to as “instant notice”). [Grounds for recognition] . [In the absence of dispute, Gap evidence Nos. 1, 2, 4, and Eul evidence Nos. 1 through 7 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings.
2. The attachment to the relevant Acts and subordinate statutes shall be as follows;
3. We examine the legitimacy of the instant lawsuit ex officio.
1) An administrative disposition, which is the object of an appeal litigation, refers to an act under the public law of an administrative agency, that is directly related to the specific rights and duties of the public, such as ordering the establishment of rights or the burden of obligations with respect to a specific matter, or directly generating other legal effects. An administrative agency’s consent, etc. to grant approval orders, etc. to other administrative agencies, is an internal act between administrative agencies, which does not directly affect the rights and duties of the public, and thus does not constitute an administrative disposition subject to an appeal litigation (see Supreme Court Decision 97Nu8540, Sept. 26, 1997). The instant notice has the authority to decide on the change or cancellation of preserved mountainous districts