1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. Details of the disposition;

A. On August 16, 2016, the Plaintiff completed the registration of transfer of ownership based on trade with respect to the forest No. 556 square meters in Ulsan-gun, Ulsan-gun.

B. On October 10, 2017, the Plaintiff issued a report on complex civil petitions (hereinafter “instant building report”) in the form of permission for development activities and permission for conversion of mountainous districts, to newly construct reinforced concrete structure and detached houses (one story, one unit) with a total floor area of 96.48 square meters on the ground of the said B-land (hereinafter “instant application site”) to the Defendant on October 10, 2017.

[Examination Opinions on Mountainous Districts Management Act] The ground why permission for mountainous district conversion is not permissible pursuant to subparagraph 1 (e) (10) of attached Table 4 of the Enforcement Decree of the Mountainous Districts Management Act. However, the access roads to which such permission is recommended are forest roads managed by our Gun, which are not permitted to divert mountainous district. [Examination Opinions on Urban Park Act] Article 22 of the Enforcement Decree of the Urban Park and Green Areas Act stipulates “road” as the subject matter of urban public right, but this means roads which are public facilities. Thus, access roads for individual construction are not subject to permission to occupy and use. Thus, it is not permitted to occupy and use. The defendant on October 31, 2017, on the following grounds, is not subject to permission to occupy and use.

(1) 【No dispute over the grounds for recognition, Gap 1, 9 evidence, Eul 1 to 4 evidence, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) The access road to the instant application site, Ulsan-gun C (hereinafter “the access road to the instant case”).

A) Since the road is included in an agricultural and fishing village road (Dline), published around May 2007 and published as amended on May 18, 2017, it is an agricultural and fishing village road with a width of at least four meters for walking and motor vehicle traffic. Therefore, the access road of this case constitutes “existing road” as prescribed in the former part of Article 20(6) [Attachment 4] of the Enforcement Decree of the Management of Mountainous Districts Act.