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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of the disposition;
A. On April 21, 2006, the Plaintiff completed the registration of ownership transfer for the instant land, which is a “Preservation Management Area” under the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”) and a “Quasi-Preservation Mountainous Districts” under the Mountainous Districts Management Act, based on the public sale conducted on March 30, 2006.
B. Meanwhile, on the other hand, the Army CJ completed the registration of creation of superficies (the duration: from March 31, 1989 to 30 years) on the ground of the contract on the instant land on April 7, 1989, and around that time, the Army CJ was a total of 17 buildings, including officers’ lodging houses, wards, toilets, warehouses, and ammunition (hereinafter “instant building”) owned by the Republic of Korea (Ministry of National Defense: the Ministry of National Defense).
[Attachment] The registration of ownership preservation was completed on July 16, 1990 following the new construction.
C. On December 9, 2015, the Plaintiff filed an application for land category change with the Defendant on the ground that “the use of the instant land was legitimately changed to a miscellaneous land around July 16, 1990 and has been used as a miscellaneous land up to the present date.” However, on December 21, 2015, the Defendant filed a request for land category change with “forest” to “miscellaneous land”. However, on December 21, 2015, the Defendant: (a) obtained permission for mountainous district conversion or filed a report thereon pursuant to Articles 14 and 15 of the Management of Mountainous Districts Act; (b) only if it is possible to prove that a mountainous district conversion was conducted in accordance with legitimate procedures; and (c) it is possible to change a land category to a miscellaneous land for illegal exclusive use of military installations, following a review of the relevant law that applied a temporary special case on an illegal exclusive mountainous district (from November 1, 2010 to Nov. 30, 2011).
The Plaintiff filed an appeal with the Gyeonggi-do Administrative Appeals Commission on the instant disposition, but was dismissed on May 18, 2016.