1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

1. Details of the disposition;

A. On April 8, 201, the Plaintiff filed a report on the construction of a temporary building with respect to the area of 1,096 square meters (hereinafter “instant land”) prior to Sung-gun, Seongbuk-gun, Seongbuk-do, and constructed one plastic house (hereinafter “instant temporary building”) using a simple stable on the instant land after obtaining a report completion certificate from the head of CMyeon on April 19, 201, for a retention period from April 10, 201 to April 10, 201.

B. Upon filing a civil petition with respect to the instant temporary building, the report on construction was accepted without obtaining permission for the alteration of the current state of State-designated cultural heritage under Article 35 of the former Cultural Heritage Protection Act (wholly amended by Act No. 13249, Mar. 27, 2015; hereinafter “Cultural Heritage Protection Act”), on December 7, 2011, the CMyeon chief notified the Plaintiff that all procedures for the alteration of the current state of State-designated cultural heritage under Article 35(2) of the Cultural Heritage Protection Act and Article 15(2) of the Enforcement Rule of the same Act should be implemented (hereinafter “the notification of the results of civil petitions related to temporary buildings”).

C. After that, on March 26, 2013, the Defendant sent to the Plaintiff a notice of the expiration date of the retention period of a temporary building and the extension report of the retention period. Accordingly, the Plaintiff submitted a report on extension of the retention period of a temporary building on April 5, 2013. On April 22, 2013, the Defendant issued the Plaintiff a report completion certificate for the retention period of the temporary building until April 17, 2015 with respect to the instant building.

On February 10, 2015, the Defendant constructed two plastic houses for raising livestock on the instant land in which customary roads passing through the instant land are now closed in the steel gate, and customary roads exist. The instant land is subject to a permit for alteration of the current state of cultural heritage under the Cultural Heritage Protection Act, with the knowledge that it would have obtained a permit for construction of a temporary building, or if a temporary building was constructed without obtaining a permit, it shall be immediately removed.