1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Details of the disposition;

가. 원고는 청주시 상당구 C, D, E에서 농사를 짓고 있는데, 위 농지 진입을 위하여 B 임야 7,140㎡ 중 별지 도면 표시 ㉠, ㉡, ㉢, ㉣, ㉠의 각 점을 순차로 연결한 선내 347㎡ 부분을 통행로로 사용하여 왔다.

B. On November 5, 2015, the Plaintiff packaged a part of 314 square meters of the said 347 square meters (hereinafter “instant land”) as concrete in order to use it as a road.

C. On April 27, 2016, the Defendant issued an order to restore damaged land with the purport of removing packages and planting trees (hereinafter “instant disposition”) pursuant to Article 44 of the Management of Mountainous Districts Act on the ground that the Plaintiff unlawfully converted the instant land, which is a mountainous district, without obtaining permission.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 4, and 8 (including virtual numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is not a mountainous district defined in the Mountainous Districts Management Act, since the land category on the public register is a forest, but has been used for a long time as an essential passage to connect neighboring land and roads, and it does not constitute a mountainous district defined in the Mountainous Districts Management Act, since it is not a rock within a forest.

In addition, the plaintiff's act of packaging the land of this case into concrete does not constitute any act stipulated in the subparagraphs of Article 44 (1) of the Mountainous Districts Management Act.

Therefore, the defendant's disposition of this case is unlawful.

(b) The details of the relevant statutes are as shown in the attached statutes.

C. Determination 1 of Article 2 subparag. 1 of the Management of Mountainous Districts Act falls under any of the following: “land where standing timber and bamboo is collectively growing,” “land where standing timber and bamboo is temporarily lost,” “land used for collective growth of standing timber and bamboo”; “c. land used for the collective growth of standing timber and bamboo”; “industrial roads, such as forest roads and work roads”; and “c.m. rock land and small site located in the land referred to in items (a) through (c).”