The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Details of the disposition

Around October 2015, B Co., Ltd. (hereinafter “B”) obtained permission from the Defendant to construct a factory (hereinafter “instant factory”) on a scale of 7,300 square meters of land D, Youngcheon-si, a preserved mountainous district (a mountainous district for forestry) (hereinafter “Cri”) from the Defendant in order to build a new factory (hereinafter “Cri-si”). Around April 2017, the Plaintiff obtained permission from the Defendant to change the title holder of the said building permit and permission from B to the Plaintiff.

On July 31, 2017, the Plaintiff obtained approval for the use of the instant factory from the Defendant, received an inspection for the completion of restoration works at that time, and completed registration for the preservation of ownership of the instant factory on August 4, 2017.

D Forest land 7,300 square meters is subject to registration conversion, partition, and land category change procedures on August 2017, and part of the land E becomes 7,018 square meters. On May 28, 2018, the Defendant cancelled the designation of a preserved mountainous district and announced it as a quasi-permanent conservation mountainous district for E land pursuant to Article 6(3)3 of the Mountainous Districts Management Act.

On May 2019, the Plaintiff divided E factory site into 5,764 square meters for E factory site (hereinafter “instant land”) and 1,254 square meters for F factory site. On June 20, 2019, the Plaintiff issued an application to extend the instant factory and change the use thereof (hereinafter “instant application”) to the Defendant on June 20, 2019 to operate the funeral hall from the instant land.

Where land used for a project for conversion of a mountainous district is intended to be used for another project within five years, it is subject to approval for change of use under Article 21 of the Management of Mountainous Districts Act. The change of use of a mountainous district can be approved only if it conforms to the provisions of Articles 26(5)2 and 18 of the Enforcement Decree of the Mountainous Districts Management Act, and funeral parlors constitute restricted acts under Article 18(1)1 of the Mountainous Districts Management Act. Thus, the change of use is not possible, but the defendant rejected the application of this case on July 1, 2019

hereinafter referred to as "the case."