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1. The plaintiff's appeal is all dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. The reasoning of the judgment of the court of first instance concerning this case is as stated in the reasoning of the judgment of the court of first instance, except where the plaintiff added the following judgments as to whether the accusation of this case constitutes a tort, and thus, it shall be cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Determination as to whether the instant accusation constituted a tort
A. The Plaintiff’s accusation by the Plaintiff constitutes a tort for the following reasons.
1) The Defendants accused the Plaintiff of the false facts that the Plaintiff cut and removed soil and rocks in addition to the 32,878 cubic meters of the permitted soil and rocks when the Plaintiff diverted the mountainous districts of 29,058 square meters outside Dong-dong, Hanam-gun, and Hadong-gun, and 29,058 square meters of land. 2) The Defendants filed a complaint against the Plaintiff on the ground that the Plaintiff’s act of cutting and removing soil and rocks in the instant mountainous district constitutes a violation of the Management of Mountainous Districts Act, although it was unreasonable for the Plaintiff to interpret whether the act of cutting and removing soil and rocks in the instant mountainous district constitutes a change of mountainous district to be permitted.
3) In addition, the Plaintiff returned to the lower court the first site plan as of October 26, 2014 in accordance with the order to reinstate the DefendantHadong-gun, and submitted to the lower court a written statement that the width of the second site will end up to December 30, 2014, but Defendant B continued to remove earth and rocks without complying with the order to reinstate, thereby filing a false business trip report to DefendantHadong-gun, which, under the Administrative Procedures Act, submitted to the lower court, the Plaintiff’s complaint against the Plaintiff.