1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Details of the disposition;

A. On June 2017, the Plaintiff filed an application for permission to engage in development activities (including an application for permission for conversion of mountainous district; hereinafter “instant application”) with the Defendant for the purpose of creating a site for animal and plant-related facilities (including an application for permission for conversion of mountainous district; hereinafter “instant application”), among 6,545 square meters of forest land B 6,545 square meters owned by the Plaintiff, which is a preserved mountainous district for forestry use, as a mountainous district for forestry use (hereinafter “instant mountainous district”). Around the same time, the Plaintiff planned to use the instant road as an access road adjacent to

B. The Defendant has limited the use of the instant application as a preserved mountainous district, and thus, it is necessary to use the existing road pursuant to subparagraph 1 (e) (10) [Attachment Table 4] of the former Enforcement Decree of the Mountainous Districts Management Act (amended by Presidential Decree No. 28211, Jul. 26, 2017; hereinafter “Enforcement Decree of the Mountainous Districts Management Act”), as an access road. The instant road is not a road under the foregoing provision, and a disposition rejecting the instant application on July 14, 2017 (hereinafter “instant disposition”).

C. On the other hand, the road of this case is currently being used as a de facto road or a present condition while passing by people. [The ground for recognition] The fact that there is no dispute, Gap evidence 1 to 3 (including a serial number, if any), Gap evidence 1 to 4, the video of Gap evidence 4, the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. Article 20(6) of the Enforcement Decree of the Management of Mountainous Districts Act, the proviso to subparagraph 1 of [Attachment 4] subparagraph 1 (e) (10) of the Enforcement Decree of the Management of Mountainous Districts Act, and the Korea Forest Service Notice following the delegation thereof (Article 2015-26, hereinafter

According to this, if grassland or farmland is installed in a preserved mountainous district, it is possible to convert the mountainous district using the current state roads.

The Plaintiff filed the instant application to establish livestock pens in the instant application site, which is a preserved mountainous district, and the site for livestock penss constitutes grassland or farmland prescribed in the instant public notice.

Therefore, the Plaintiff’s grassland, which is a current road, is the access road, is the land for a stable.