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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of the disposition;
A. On August 25, 1969, the Plaintiff obtained permission for the installation of a private cemetery (No. 2472) from the Gyeonggi-do Governor pursuant to Article 8(2) of the former Burial and Graveyard, etc. Act (amended by Act No. 3389, Mar. 16, 1981; hereinafter the same) with respect to the forest of this case (hereinafter “the forest of this case”).
At the time, the Plaintiff did not separately obtain permission to cut standing timber or permission to change the form and quality of the instant forest land.
B. On August 25, 1971, the Plaintiff established a cemetery on approximately 33,656 square meters (10,181 square meters) among the instant forest land. The part of the instant forest land (199,741 square meters) was designated as a development restriction zone on August 25, 1972.
In addition, the part of the forest land of this case where no cemetery is installed (hereinafter “the remaining land of this case”) was designated as a water source protection area under the Water Supply and Waterworks Installation Act around 1975.
C. On November 201, 2013, the Plaintiff filed an application for permission to change the form and quality of land for the installation of disaster prevention facilities with respect to some of 510 square meters of the remaining land of this case on or around December 2013, with respect to some of 310 square meters of the remaining land of this case, and on or around May 2014, the Plaintiff filed an application for permission to change the form and quality of land for the installation of disaster prevention facilities with respect to some of 480 square meters of the remaining land of this case on or around November 12, 2013, and the Defendant accordingly revoked the permission on or around January 8, 2014, and June 16, 2014.
In accordance with the permission of January 8, 2014, the Plaintiff newly established a cemetery of approximately KRW 100 (hereinafter referred to as “instant cemetery”) on the land that maintained the relevant land, installed a disaster prevention facility, and maintained together with a disaster prevention facility.
E. On July 15, 2014, the Defendant, on the ground that the instant cemetery was established in violation of Article 12 of the former Act on Special Measures for Designation and Management of Development Restriction Zones (amended by Act No. 12372, Jan. 28, 2014; hereinafter “former Development Restriction Zones Act”), to restore the Plaintiff to its original state until August 20, 2014.