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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Basic Facts
On February 29, 2016, the Plaintiff: (a) filed an application with the Defendant for permission to collect earth and rocks (Article 2-1; hereinafter “application for permission of this case”) pursuant to the Management of Mountainous Districts Act on the land of 37,199 square meters (hereinafter “instant site”); and (b) on July 28, 2016, the Defendant requested the Regional Mountainous District Management Committee to deliberate on the application for permission to collect earth and rocks.
Supplementary Matters
1. A person who has filed an application for permission for development activities (such as changing the form and quality of land) is deemed unable to grant permission without permission for development activities, and where it is inevitable to revise a project plan, he/she shall request a re-deliberation after changing the project plan (including a written request for re-deliberation);
(B) On November 28, 2016, four members of the Regional Mountainous District Management Committee notified the Plaintiff of the following supplementary matters (hereinafter “instant supplementary matters”) regarding the application for permission to collect earth and rocks by November 28, 2016, reflecting the opinions presented by the above members, and the Defendant, on November 23, 2016, notified the Plaintiff that the application for permission to collect earth and rocks may be returned if the following supplementary matters (hereinafter “instant supplementary matters”) may be implemented by November 28, 201, and the application for permission to collect earth and rocks may be returned if the request for permission to collect earth and rocks is not implemented (No. 5, No. B. 2) (hereinafter “instant supplementary notification”). On November 28, 2016, the Plaintiff reduced the land subject to the application for permission to use the instant permission to the Defendant’s site (hereinafter “instant change site”). The Plaintiff’s plan to use the roads (hereinafter “resident’s plan to use military roads and the plan to improve the atmosphere and the instant plan to collect earth and rocks”).