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1. On January 11, 2018, the Defendant’s decision to use each land listed in the separate sheet owned by the Plaintiff shall be revoked.
2...
Reasons
1. Details of the disposition;
A. The Plaintiff is the owner of a forest in eight lots listed in the annexed sheet (hereinafter “each forest in this case”).
Each of the instant forests is a state forest managed by the Dongbu District Forest Administration, and one of them is a parcel of land (297m273m2, Yeung-si, Yeung-si) under the Act on the Management and Management of State Forests (hereinafter “State Forest Act”), which is a quasi-permanent state forest under the State Forest Act, and all of the remaining seven parcels are “permanent state forests” under the State Forest Act.
B. The Korea Rail Network Authority is an implementer of the main main railroad construction project (hereinafter “the main railroad construction project”) and obtains approval from the Minister of Land, Transport and Maritime Affairs pursuant to Article 9(1) of the Railroad Construction Act, and the Minister of Land, Transport and Maritime Affairs publicly announced on June 25, 2013 by the Ministry of Land, Transport and Maritime Affairs No. 2013-340, Jun. 25, 2013.
C. The Korea Rail Network Authority requested the Minister of Korea Forest Service to hold consultations to use each forest of this case for the project of this case, but did not reach agreement. As such, the Defendant, who is the competent Land Tribunal, applied for the adjudication on use of each forest of this case to the Defendant.
On January 11, 2018, the Defendant accepted an application for adjudication by the Korea Rail Network Authority, and rendered a ruling using the following: “The Korea Rail Network Authority shall use each forest of this case for the instant project and compensate for losses at KRW 191,560. The date of commencement of use shall be February 28, 2018, and the period of use shall continue to exist until the date of commencement of use.”
(hereinafter referred to as the “instant adjudication”). (e)
The plaintiff raised an objection against the defendant, but the defendant dismissed the above objection on August 23, 2018.
[Reasons for Recognition] Facts without dispute, entry in Gap evidence 1 through 4 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings
2. Whether the ruling of this case is lawful