1. The plaintiff's claim against the Minister of National Defense is dismissed.

2.(a)

Defendant Republic of Korea shall make the Plaintiff 533.

With respect to B forest land No. 12,084 square meters (hereinafter “the forest before the instant subdivision”), the Plaintiff completed the registration of transfer of ownership on September 23, 1994 for the remaining 3/5 shares on the ground of “the donation on May 25, 1994,” respectively, based on the following: (a) the Plaintiff completed the registration of transfer on September 23, 1994 for the remaining 3/5 shares on September 22, 1994.

On April 24, 2013, the forest land prior to the instant subdivision was divided into 10,054 square meters of B forest land (hereinafter “instant forest”) and 2,030 square meters of C forest land (hereinafter “instant forest”).

On June 7, 2013, Defendant Republic of Korea completed the registration of ownership transfer based on “acquisition of public land on June 5, 2013” with respect to C forest land 2,030 square meters.

On May 21, 2014, the Plaintiff filed a claim with the Minister of National Defense for the purchase of the instant forest on the grounds of Article 17 Subparag. 1, 2, and 19 of the Protection of Military Bases and Installations Act, Article 74(1) of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”).

(hereinafter “instant purchase claim”). On June 3, 2014, the Minister of National Defense rejected the instant purchase claim for the following reasons.

(hereinafter “Disposition”). The Plaintiff does not constitute “a person who has continuously owned the relevant land since the designation of the protection zone, etc.” under Article 17(1)1 of the Military Bases Act or “a person who has continuously owned the relevant land before the use and profit-making of the relevant land became practically impossible” under Article 17(1)2 of the Military Bases Act, and thus, cannot exercise the right to purchase the land accordingly.

In addition, even if there is a remaining land in the instant forest by purchasing 2,30 square meters of C forest land by consultation with the Defendant Republic of Korea, it shall not be deemed that the instant forest land falls under “where it is substantially difficult to use the forest for the future purposes due to the division,” and thus, the right to purchase land under Article 19 of the Military Bases Act and Article 74(1) of the Land Compensation Act may also be exercised.