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The appeal is dismissed.
The costs of appeal are assessed against the defendant.
Reasons
The grounds of appeal are examined.
1. According to the reasoning of the lower judgment and the reasoning of the first instance judgment partially accepted by the lower court, the lower court acknowledged the following dispositions: (a) around July 1, 2013, the Defendant submitted a restoration plan to the Plaintiffs by no later than August 30, 2013, and notified the Plaintiffs that the restoration work should be completed and the completion of the restoration work should be completed according to the details of approval by no later than October 31, 2013; (b) the Plaintiffs submitted a restoration plan, based on the premise that the project called “construction of the site” in the housing and warehouse was completed; and (c) on October 29, 2013, on the premise that the instant land becomes invalid as the period of permission for conversion of a mountainous district becomes invalid due to the expiration of the period of permission for conversion of a mountainous district and is not subject to the application for the approval of restoration design for the purpose of restoration (housing and warehouse); and (c) the Plaintiffs’ respective application for each of the instant disposition was rejected on the ground that the application is subject to the approval of restoration approval.
Furthermore, the lower court determined that each disposition of the instant case was unlawful on the ground that, as long as the period of conversion of each of the instant mountainous district was expired and the obligation to recover mountainous district was not completed, each of the instant mountainous district conversion approval applications cannot be returned.
2.(a)
According to Articles 39(1)1 and 40(1) of the Mountainous Districts Management Act, a person who has obtained permission to divert a mountainous district pursuant to Article 14(1) of the Mountainous Districts Management Act shall restore a mountainous district with the approval of recovery design from the competent authority within a given period when the purpose of a mountainous district conversion is completed or the period of a mountainous district conversion expires. Thus, the purpose