1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. The gist of the Plaintiff’s assertion was from around 201 to around 2012, the Defendant created 60 square meters of farmland within the area of 13,289 square meters of farmland owned by the Plaintiff without obtaining permission for mountainous district conversion, and created as ditches the area equivalent to 408 square meters of farmland. The Defendant damaged the instant forest land by means of expanding forest roads and reclaiming rivers to convert them into farmland, and making it impossible for the Plaintiff not to use it for the original purpose and purpose, and has diminished its value.

In addition, the plaintiff filed a complaint against the defendant on the ground of the above damaging act and appeared as a witness in the criminal trial and testified. The defendant, despite having been convicted of the defendant, filed a complaint against the plaintiff without accusation and suspicion of perjury, was investigated by the police, and the plaintiff suffered considerable mental suffering.

Therefore, the Defendant shall compensate for the damages suffered by the Plaintiff due to the above tort, namely, KRW 1,639,00 (affirmative damages) and KRW 25,000,000 (mental damages) as to the Defendant’s damage to mountainous district and criminal complaint.

2. Determination on the cause of the claim

A. According to the results of the fact inquiry about Gap evidence 5-1 and 2 as to the act of damaging the forest of this case and the fact inquiry about the head of the Simsan Simpo-si in this court, the Defendant was sentenced to a fine of KRW 2 million as a violation of the Mountainous Districts Management Act on the criminal facts that "it was created in a way that the Defendant, from around 201 to around 2012, 680 square meters of the instant forest and D forest, and 327 square meters of land E and 327 square meters of forest land, without obtaining permission for mountainous district conversion, was installed through a work installed in the existing area without obtaining permission for mountainous district conversion, and dumping the stone," and the Defendant’s appeal was made on Nov. 27, 2014 as a result of the Defendant’s violation of the Mountainous Districts Management Act (Seoul District Court Support 2014DaMa500, Apr. 29, 2015).