1. The Plaintiff’s primary and conjunctive claims against the disposition of excavation permission on March 6, 2013, and the excavation permission on October 10, 2013.

1. Basic facts and circumstances surrounding the disposition;

A. On September 2, 1989, the Defendant accepted a report of hot spring discovery on the hot spring hole found in Gyeong-gun land in Gyeong-gun, Chungcheongnam-gun (hereinafter “the hot spring hole in this case”) by the Plaintiff, his father, and the Defendant accepted the report of hot spring discovery on September 2, 1989.

B. On January 15, 1990, the Gyeongnam-do governor designated and publicly announced G Hot Spring District to the Gyeongnam-do public announcement of Gyeongnam-do with respect to the area of 2,915,200 square meters, including the instant hot spring hole land, and changed its name to the H Hot Spring District on April 1997.

C. On July 19, 2001, the Gyeongnam-do governor designated and publicly notified the H Hot Spring Tourist Site as I.D.

On April 4, 2003, the Defendant applied for approval of the H Hot Spring Tourist Site creation plan to the Gyeongnam-do Governor, but on July 11, 2005, the Defendant was notified by the Gyeongnam-do Governor of the return of the application for approval of the said creation plan on the ground that “the documents for consultation have been requested several times, but the documents have not been supplemented for a long time.”

On April 11, 2007, the Defendant applied for approval of a plan to create H hot spring tourist resorts again with respect to 259,773 square meters, which was changed to a planned control area, to the Do governor, and the Gyeongnam Do governor requested supplementation on May 9, 2007, and extended the period of application for approval on October 17, 2007.

However, within the extended period, the defendant did not file an application for approval of a plan to create a tourist destination with the defendant, and on April 16, 2009, the Gyeongnam-do announced that the designation of a tourist destination was invalidated in accordance with Article 56 (1) of the former Tourism Promotion Act (amended by Act No. 10556, Apr. 5, 201).

E. Article 21(4)3 of the Hot Spring Act (amended by Act No. 10732, May 30, 201; hereinafter “amended Hot Spring Act”) which was amended by Act No. 1005, Feb. 4, 2010; effective August 5, 2010 (hereinafter “the amended Hot Spring Act”) does not apply for the approval of designation of hot spring hole protection zone or the development plan within three years after the receipt of the report of hot spring discovery.