1. All of the plaintiff's claims are dismissed.

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

1. Basic facts

A. The Plaintiff is the owner of B forest land B and 7,069 square meters (hereinafter “instant forest”).

Defendant SK Construction Co., Ltd. (hereinafter “Defendant Company”) obtained approval from the Plaintiff for the collection of earth and rocks for the instant work with respect to the instant forest land around June 2009 when there was a lack of soil to fill in the field in connection with C construction work.

B. Around August 2009, the Plaintiff and the Defendant Company entered into a contract on the collection of earth and rocks (hereinafter “instant contract”).

The main contents are as follows:

The Defendant Company shall collect soil and sand required for C’s work from the instant forest land owned by the Plaintiff (a approximately 22,00 square meters) and embling it, and the following matters shall be performed in good faith in accordance with the terms and conditions of permission, business plan, restoration plan, etc. of the authorizing agency.

B. The Defendant Company shall complete the restoration before December 31, 009, under the responsibility of the Defendant Company, solely on the actual condition of the nature at the site, and the Defendant Company shall deposit the restoration expenses at the Seosan.

C. The Plaintiff is paid to the Defendant Company the right to use earth and sand on his own land with the lower account.

The defendant company shall not use the plaintiff's land for purposes other than gathering earth and sand, and the restoration after completion of the construction shall be responsible and implemented by the defendant company in accordance with the restoration plan and the standards of the authorizing agency (Seosan City).

C. On July 13, 2009, the Defendant Company obtained a permit to collect soil and sand (to collect soil and sand) with a size of 22,087 square meters from the forest of this case 6,704 square meters among the forest of this case from Seosan City, and collected earth and sand from the forest of this case from around that time.

On December 4, 2009, Defendant Company applied for the approval of restoration design under the Mountainous Districts Management Act at Seosan-si, and the same month.

9. The forest land of this case was approved by the Defendant Seosan City to restore the forest land of this case.

Defendant Company is the Defendant on March 31, 2010.