Around March 10, 2010, the Plaintiff (designated parties, hereinafter “Plaintiffs”) and the remaining designated parties agreed to allow the Defendant to gratuitously use forest land as indicated in the disposition. The content of the consent to use is that “The Defendant recognizes that he/she has the Defendant, by cultivating mushroom and other crops in the forest as above and cultivating the above forest land, and that he/she has the ownership of all the above land’s ground objects (a vinyl, mushroom, crops, standing timber), but the Defendant may not demand any condition other than the above ground objects at the time of sale, expropriation, or compensation.”

From that time, the Defendant installed the temporary installation on the “A” portion of 132 square meters in the foregoing forest land, the temporary installation on the “B” portion on the 66 square meters in the ship, and the “C” portion on the 80 square meters in the ship. D (the co-defendant of this case was the co-defendant of this case but the decision of recommending settlement became final and conclusive) had the Defendant install a vinyl on the ground of 132 square meters in the same part “D” in the same drawing indication, and cultivated trees on the part of the ship connected each point of Q, R, S, T, and Q in sequence with each point of the same drawing indication.

On November 28, 2013, the Plaintiff demanded the Defendant to remove and transplant unauthorized residential facilities and planted trees installed by the Defendant without permission in the said forest by April 30, 2014 and restore the land to its original state.

[Grounds for recognition] The facts without dispute, Gap 1 through 4 evidence, the purport of the entire pleadings, and the plaintiff and the defendant established a loan agreement between the plaintiff and the defendant to establish a vinyl house without compensation and to plant mushrooms, crops and trees.

However, in violation of the above loan agreement, the Defendant installed temporary facilities in the above part “A and B” portion, and allowed D to set up and reside in the forest of this case without the Plaintiff’s consent.

Therefore, the Plaintiff may terminate the instant contract in accordance with Article 610(3) of the Civil Act.