1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

1. Basic facts

A. Article 2 of the Addenda (Act No. 13252, Mar. 27, 2015) of the Act on the Management and Administration of State Forests (Act No. 13252, Mar. 27, 2015) (Special Cases Concerning Temporary Special Cases Concerning Unowned State Forests; hereinafter “Special Cases Concerning this Case”).

(2) From September 28, 2015 to September 27, 2017, the Special Act on the Provisional Cases of State-owned Forests which legally lend land category to a state forest with no permission for at least 10 years due to farmland, etc. was sent to the Minister of the Korea Forest Service on March 3, 2017, stating the following: (a) on the basis of the review of state-owned forests, “the State-owned forest with no permission for at least 10 years is not required to be restored to its original state, and if it meets the standards, the Special Act on the Provisional Cases of State-owned Forests with no permission for at least 4,90 square meters is operated from September 28, 2015 to September 27, 2017.” (b) The Selection submitted to the Minister of the Korea Forest Service a report on the occupancy and use of state-owned forests with no permission for the purpose of farming and around 1995.

3) On April 19, 2017, the Defendant sent the Defendant’s reply to the application for temporary exception for the maintenance of a store without any permission (hereinafter “the reply of April 19, 2017”) on May 12, 2017, stating that “the instant forest is a state forest for which the forest is required, and is designated as a forest for the protection of the forest for forest gene protection, and may be returned to the future forest, and the standard area applicable to 7,121 square meters as a result of the measurement of the area actually used by the selector, exceeds the standard area, and is not subject to temporary special exception because it uses two illegal facilities within the forest for which it does not meet the purpose of use.” The selector received the above reply and received the report on the use of the instant forest on March 2, 2017 to the Defendant on May 12, 2017 according to the Defendant’s temporary special exception guidance. However, the Defendant received the Defendant on April 19, 2017.