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 August 25, 1969, the Plaintiff obtained permission to establish a private cemetery (No. 2472) pursuant to Article 8(2) of the former Burial and Graveyard, etc. Act (amended by Act No. 3389, Mar. 16, 1981) with respect to the acquisition of the documents in Yangyang-gun of Gyeonggi-do by transfer of 10-2 forest land (hereinafter “the instant forest”) from the Gyeonggi-do Governor.

At the time, the plaintiff did not obtain the permission for logging and the permission for changing the form and quality of the forest of this case under the Forestry Act.

B. Around August 1971, the Plaintiff, a development-restricted zone and a water source protection zone designated, completed a road construction for passage within the cemetery in the instant forest, and partially installed a cemetery on approximately 33,656 square meters (10,181 square meters). A part of the instant forest land (19,741 square meters), including the part which completed the said construction, was designated as a development-restricted zone on August 25, 1972, and the remaining part of which the cemetery was not installed was designated as a water source protection zone under the Water Supply and Waterworks Installation Act on August 25, 1975.

On the other hand, on December 30, 2003, the Plaintiff obtained permission from the Defendant for conversion of mountainous districts from April 30, 2002 to March 30, 2004 for the exclusive use period of 9,917 square meters among the forest of this case.

C. On May 23, 2006, the Plaintiff filed a report on special cases concerning development restriction zones and filed a report on special cases concerning construction in force (including planning drawings concerning the contents of the project) with the Defendant on May 23, 2006, pursuant to Article 11(6) of the former Act on Special Measures for Designation and Management of Development Restriction Zones (amended by Act No. 8852, Feb. 29, 2008; hereinafter “Development Restriction Zones Act”) and Article 21 of the Enforcement Decree of the same Act, for the purpose of installing graveyards in the part designated as a development restriction zone among the forest of this case as the forest of this case.

(2) On July 31, 2006, the defendant only obtained permission for the establishment of a private cemetery at the time of 1969, and at the time of permission for relevant activities under the Forestry Act, it shall be governed by the Forestry Act.