1. Revocation of the first instance judgment.

2. The Defendant limited to real estate indicated in the separate sheet owned by the Plaintiff on December 8, 2016.

1. Details of the ruling of this case

(a) According to Article 16(1)1 of the former Management and Administration of State Forests Act (amended by Act No. 14357, Dec. 2, 2016), the Plaintiff (competent regional forest management offices) means state forests prescribed by Presidential Decree that need conservation for public interest, such as securing forest land, developing forestry technologies and conducting academic research, state forests that need conservation for conservation for public interest, such as historical relics, places, monuments, and tangible cultural heritage, preserving ecosystems and protecting water sources, and state forests that need conservation for national forests, as prescribed by Presidential Decree.

Current legal terms are "state forests".

Before being amended by Act No. 14357, Dec. 2, 2016, the foregoing Act classified state forests into “permanent state forests” and “non-permanent state forests,” and changed the term into “permanent state forests” and “non-permanent state forests” only due to the said amendment.

It is the owner of 2 lots of forest land listed in the annexed sheet, which is administrative property (hereinafter referred to as “instant forest land”).

B. The Korea Rail Network Authority (hereinafter referred to as “project implementer or the Korea Rail Network Authority”) obtained approval from the Minister of Land, Infrastructure and Transport on March 2015 of the Railroad Construction Act (hereinafter referred to as “implementation plan”) pursuant to Article 9(1) in order to implement “the construction project of the comprehensive railroad test line”, “Cheongju-si, Cheongju-si, hereinafter referred to as “instant project”). The Minister of Land, Infrastructure and Transport publicly announced the implementation plan by the Ministry of Land, Infrastructure and Transport on October 2015, and the Minister of Land, Infrastructure and Transport respectively on March 6, 2015 pursuant to Article 9(4) of the Railroad Construction Act.

C. The instant project implementer consulted with the Minister of the Korea Forest Service for the use of the instant forest included in the project execution area, but failed to reach an agreement, filed an application for use ruling with the Defendant.

The defendant.