1. The instant lawsuit shall be dismissed.

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

Basic Facts

The Plaintiff is the owner of 7,324 square meters of land in Busan-gun, Busan-gun (hereinafter “instant land”).

The defendant is the operator of so-called D development project that Busan Metropolitan City promoted from around 2005 to the captain-gun C of Busan Metropolitan City.

Around October 29, 2004, B forest No. 15,760 square meters in Busan-gun, Busan-gun, including the details and current status of the division of the instant land, was divided into 10,516 square meters in B forest land, E forest land No. 5,244 square meters in size. On February 8, 2007, part of B forest No. 10,516 square meters in size was re-divided into 2,029 square meters in F forest land, G forest land No. 1,163 square meters in size, and the remainder was left 7,324 square meters in B forest land, which is the instant land.

The Defendant, as the executor of the D development project, acquired the land of this case from May 2007 to July 2007, which was adjacent to the official map among the land prior to the instant partition, and acquired the land of this case on a single basis, including acquiring 2,029 square meters of forest land in Busan-gun, Busan-gun, which was adjacent to the official map. However, the land of this case, which was not adjacent to the official map, was excluded from the business site.

The instant land is a development restriction zone and a preserved mountainous district under the Mountainous Districts Management Act under the Act on Special Measures for Designation and Management of Development Restriction Zones. On June 8, 201, the instant land was designated as a landscape green belt in accordance with the Busan Metropolitan City’s public announcement of the amendment of the

After the plaintiff filed a lawsuit to confirm the plaintiff's civil petition and the right of access to surrounding land, the plaintiff asked the Ministry of Land, Infrastructure and Transport with regard to the opening of access roads to enter the land of this case. When the above civil petition was transferred to the defendant via Busan Metropolitan City, the defendant requested the plaintiff to open access roads on August 9, 2013, the land of this case, which was requested by the plaintiff to open access roads, is excluded from the tourism complex because the vegetation is excellent at the time of cancelling the development restriction zone for the designation of the tourism complex zone in the Central Urban Planning Committee, etc. When implementing various administrative procedures for D development.