1. The plaintiff's claim is dismissed.

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

1. Details of the disposition;

A. On January 9, 2014, the Plaintiff completed the registration of transfer of ownership based on each sale with respect to the forest No. 5,408 square meters (hereinafter “instant land”) located in New-gun, Chungcheongnam-gun (Seoul-gun), and the forest C, 456 square meters (hereinafter “instant land No. 1”) located in the previous-nam-gun, New-gun (hereinafter “instant land”) on April 2, 2015.

B. On June 24, 2016, the Plaintiff filed a construction report with the Defendant, among the instant land No. 1 and the instant land No. 2, on the construction of a housing site area of 1,108 square meters (hereinafter “instant application site”) and a building report (the legal fiction of permission for development and permission for mountainous district conversion; hereinafter “instant building report”) containing the construction of a detached house of 1,108 square meters of the building area of 101.58 square meters.

C. On July 15, 2016, the Defendant rendered a non-permission disposition on the instant application (hereinafter “instant disposition”) to the Plaintiff for the following reasons (hereinafter “instant disposition”).

When considering the geographical location, etc. of an area in harmony with the surrounding natural scenery as the state of standing timber is good and its surrounding area is likely to be isolated from the surrounding natural landscape and the surrounding forest, etc., the report on construction shall be rejected.

(bb) Permission for development activities of related Acts: Each entry in the evidence No. 1, 2, 3, and 12 of the Enforcement Decree of the Management of Mountainous Districts Act (including a branch number, and the purport of the whole pleadings) (including a branch number) under Article 58 of the National Land Planning and Utilization Act, Article 56 of the Enforcement Decree of the National Land Planning Act, attached Table 46-1 (4), 46-1 (5), and 5 of the Guidelines for Permission for Development Activities: 5 of the Enforcement Decree of the Management of Mountainous Districts Act

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion D road that deviates from and abused the discretion of the Plaintiff and the application site of this case are located in the newannam-gun E and F forest located in the newannam-gun, and it is anticipated that the plan will be changed to less than 24 meters later, and even if the farming house is newly constructed in the application site of this case, it is not easily visible to Y, and it is established without permission as a mountain path created in the application site of this case.