1. The instant lawsuit shall be dismissed.

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

Details of the disposition

On May 9, 2018, the Plaintiff filed a report on illegal mountainous district conversion under Article 3 of the Addenda to the former Mountainous Districts Management Act (amended by Act No. 14361, Dec. 2, 2016; hereinafter the same shall apply), which is a special provision on illegal mountainous district, in order to change the land category of 2,787 square meters (hereinafter “instant land”), which is owned by the Plaintiff, to the Defendant, into “pre-use”.

On May 23, 2018, the Defendant announced the Plaintiff on May 21, 2018, that the Plaintiff may file an objection in writing within 90 days from the date of receiving the disposition of refusal pursuant to Article 18 of the Civil Petitions Treatment Act (hereinafter “Civil Petitions Treatment Act”) on the ground that the instant land was not a land that has been used or managed for the purpose of the previous, answer, and orchard continuously for at least three years as of January 21, 2016, and that the change of land category was not possible (hereinafter “instant disposition”). The instant disposition, stating the above, was served on the Plaintiff on May 25, 2018.

On July 31, 2018, the Plaintiff filed an objection against the instant disposition with the Defendant (hereinafter “instant objection”), and the Defendant filed the instant lawsuit on August 10, 2018 against the Plaintiff on the ground that, upon confirmation of the aerial photography on the instant land, the land was not a farmland used or managed as the whole land, answer, or orchard, and thus, the land category change pursuant to Article 3 of the Addenda to the former Mountainous Districts Management Act is not possible. In response, the Plaintiff notified the Plaintiff that “it may file an administrative appeal within the period pursuant to Article 27 of the Administrative Appeals Act or file a lawsuit within the period pursuant to Article 20 of the Administrative Litigation Act when dissatisfied with the said matters,” and the Plaintiff filed the instant lawsuit on September 21, 2018.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1, 2, 4, and 5, and the purport of the entire pleading is legitimate.