1. Revocation of the first instance judgment.

2. On August 4, 2014, the Defendant reported temporary use of a mountainous district against the Plaintiff.

Details of the disposition

The Plaintiff, a company engaged in real estate development business, etc., concluded a sales contract with a private natural burial ground under Article 16 of the Act on Funeral Services, Etc. (hereinafter “the Funeral Act”), with a view to creating and operating a woodland, which is a private natural burial ground under Article 16 of the said Act, and filed a report on the instant woodland (hereinafter “the instant woodland”) with the Defendant on November 201, 201 with respect to six parcels, including 3,905,000 square meters of land, C forest land, 7,968 square meters, D,977 square meters, E, 3,858 square meters, E, 3,858 square meters, F, 1,663 square meters, and 803 square meters prior to G, with respect to six parcels, including 3,905,680,000 square meters, and received a written consent from A for the use of each of the instant land, and filed a report on the installation of the instant woodland (hereinafter “the instant woodland”).

On August 4, 2014, the Defendant notified that the instant report was not accepted due to the following reasons.

(hereinafter “instant disposition”). On September 30, 201, when preparing a written consent to land use between the Korea Electric Power Corporation and Sungnam-si C and each owner of land B, the Korea Electric Power Corporation and Sungnam-si C and each owner of land under a special agreement, if the ownership of each of the above lands is changed due to the special agreement, a new owner also succeeds to the contents of the written consent to land use, and when applying for permission for development activities by A, a new owner may issue a written consent to land use additionally if requested in a separate form at the time of applying for permission for development activities

2. The above special agreement stipulates that if ownership of each land C and B is changed, a new owner shall succeed to the written consent to use of the land. Each of the above land is owned by A and its use is impossible because its ownership is not changed in the name of the plaintiff who has reported temporary use of the land so far.

3. Passages within H land owned by the Korea Electric Power Corporation and owned by the Korea Electric Power Corporation shall be naturally formed on the top of the above land.