A. The Plaintiff, around February 2009, installed two plastic houses (area: 531m2) to cultivate gabs in part of B forest land B in Chungcheongnam-gun, Chungcheongnam-do, 23,008m2.

B. In addition, around 2011, the Plaintiff applied for a subsidy with respect to the “Support Project for the 201-Fash Farming Facilities” implemented by the Defendant. The Plaintiff received a decision to grant a subsidy from the Defendant and received the said subsidy from the Defendant on January 2012.

At the same time, 4 greenhouses (the area: 1,100 square meters; hereinafter the same shall apply) (including 2 greenhouses as indicated in the above paragraph (a) were installed on the next side of a vinyl house, which is a plastic mushroom growing facility.

C. On October 31, 2014, the Defendant issued an order to restore a mountainous district unlawfully to the Plaintiff for the reason that “the act of growing mushroom in B 1,631 square meters (hereinafter “the instant forest”) without filing a report on the diversion of the forest in question constitutes an illegal forest management under Article 15(1)1 of the Management of Mountainous Districts Act.” In accordance with Article 44(1)2 of the same Act, the Defendant issued an order to restore a mountainous district to the effect that “the removal of a mushroom cultivator (6 dong) installed in the instant forest in question, the installation of afforestation, such as tree planting trees, and drainage channels, installed in the instant forest.”

On January 6, 2015, the Plaintiff filed an administrative litigation seeking the revocation of the order for restoration as Daejeon District Court 2015Guhap10043, but the said court rendered a judgment against the Plaintiff on January 13, 2016, and the said judgment became final and conclusive as it is.

E. On March 2, 2016, the Defendant rendered the instant forest land to the Plaintiff.

As the plaintiff did not implement the order, the defendant notified the recovery order again on June 1, 2016 and October 17, 2016.

F. On October 19, 2016, the Plaintiff submitted to the Defendant a report on conversion of a mountainous district for the purpose of creating a new site for a mushroom cultivation company with respect to the part of 2,434 square meters, including the instant forest, among forest land B 23,008 square meters in Chungcheongnam-gun, Chungcheongnam-do pursuant to Article 15(1) of the Mountainous Districts Management Act.