1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit, including the part resulting from the supplementary participation, are all assessed against the Plaintiff.

Details of the disposition

On July 19, 201, the first temporary use report and the first temporary use report were filed with the Defendant on July 19, 201, to temporarily use a forest road of 1,720 meters in length or of 3,430 square meters in length (hereinafter referred to as “instant forest road”) among 67,438 square meters (the Plaintiff’s ownership) and C forest of 256,463 square meters (hereinafter referred to as “D ownership”) with respect to the land of 13,805 square meters in size (hereinafter referred to as “the instant application site”).

On August 30, 2011, pursuant to Article 15-2(2) and (3) of the former Mountainous Districts Management Act (amended by Act No. 11352, Feb. 22, 2012), the Defendant accepted a report on temporary use of a mountainous district as to 13,766 square meters (11,336 square meters, among B forest land and forest land, 2,440 square meters) among the application site of this case.

(2) On April 15, 2013, the Anti-Corruption and Civil Rights Commission filed a civil petition against the instant disposition of acceptance of the report on the ground that the instant forest road is likely to be damaged if the instant forest road is built on a steep slope adjacent to the small river in the instant land, and the purpose of building the instant forest road is suspected of being for other purposes, such as stone development, not forest management, etc., among the instant land subject to the application by the Defendant.

On May 7, 2013, the Defendant, who received a civil petition from the Anti-Corruption and Civil Rights Commission, ordered the Plaintiff to “No.7 through No. 15 to suspend river adjoining construction works to review the implementation of permission, etc. to occupy and use a small river in section E.15,” and “by May 20, 2013, to indicate the boundary of the area where the construction is in progress, consistent with the reported drawing.”

On July 9, 2013, the Plaintiff takes measures in accordance with the foregoing order, and on July 9, 2013, reduced the area of temporary use from 13,766 square meters to 12,727 square meters (the final period is 12,22 square meters), and the forest road opening period from September 16, 2013 to August 30, 2015.