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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. From around 1995, the Plaintiff, with the Defendant’s consent, extracted and sold minerals (hereinafter collectively referred to as “the instant forest”) in the Cheongyang-gun C Forest and 26,083 square meters, D forest and 130,116 square meters (hereinafter collectively referred to as “the instant forest”).
Among the instant forest land, D forest land was divided into E forest land registration conversion with 130,116 square meters on September 13, 2010 and divided into 128,206 square meters in E forest land, 937 square meters in F forest land, and 973 square meters in G forest land.
B. On July 16, 2002, the Plaintiff entered into a mountainous district use contract (hereinafter “the mountainous district use contract in 2002”) with the Defendant with the content that “the Defendant shall consent to the use of the forest of this case during the Plaintiff’s mine development period, receive KRW 1 million during the period of permission as usage fees, and shall compensate the Plaintiff for KRW 100,000 of usage fees if the Plaintiff would not use the forest of this case or would make another person use the forest of this case,” and the Plaintiff paid KRW 10,000 as usage fees for five years from March 22, 2012 to the Defendant.” The said mountainous district use contract has been renewed. The Plaintiff entered into a mountainous district use contract with the Defendant (hereinafter “the mountainous district use contract in 2012”) with the content that the forest of this case is used for mine development from 2012 to 2017.
C. On March 18, 2010, Cheongyang-gun published an implementation plan for the Cheongyang-gun’s Hayang-gun’s Hayang-gun’s Hayang-gun’s Hayang-gun’s Hayang-gun’s Hayang-gun’s Hayang-gun (hereinafter “instant road works”). From April 2, 2010, the said F and G forest divided from the instant forest were included in the implementation zone of the instant road works.
Before September 2010, Cheongyang-gun paid 14,420,50 won to the Defendant with compensation for the said F and G forest land, and completed the registration of ownership transfer based on consultation acquisition on July 30, 2014 with respect to each of the above forest land.
[Reasons for Recognition] Unsatisfy, Gap Nos. 1, 2, 3, 6, 7, 8.