1. The part of the judgment of the court of first instance against the plaintiff falling under the subsequent order of payment shall be revoked.

The defendant.

Basic Facts

On August 18, 2008, the Defendant, such as the first permission for mountainous district conversion, completed the registration of ownership transfer with respect to forest land of 15,967 square meters (hereinafter referred to as “forest land before registration conversion”).

around that time, the Defendant filed an application for permission to engage in development activities under the former National Land Planning and Utilization Act (amended by Act No. 9442, Feb. 6, 2009) with the purpose of building detached houses and building site for access roads (hereinafter “the primary permission zone”) with respect to forest land (hereinafter “the primary permission zone”) prior to registration conversion. The competent authority notified the Gyeonggi-do Office of permission to engage in development activities on October 23, 2008 with respect to the primary permission zone for mountainous district conversion (hereinafter “the primary permission”) under the Mountainous Districts Management Act as to the primary permission zone for mountainous district conversion, and thereby, the permission to engage in mountainous district conversion under the Mountainous Districts Management Act (hereinafter “the primary permission to convert mountainous district”).

(Article 61(1)10 of the above Act. On April 18, 2013, the head of Pyeongtaek-gun notified the Defendant of the restoration of the first mountainous district into mountainous district on the ground that the period of the first mountainous district conversion expires on September 30, 2011.

However, on September 9, 2013, the Defendant claimed KRW 87,206,000 for mountainous district restoration expenses to the H Co., Ltd. (hereinafter “H”) in order to restore the mountainous district through the process of vicarious administrative execution.

(A) On October 21, 2013, the Defendant issued a notice of the fact that the Defendant’s deposit of H’s insurance policy in 2008 would substitute for the payment of the expenses for the restoration of mountainous district. On October 21, 2013, the head of Pyeongtaek-si notified the Defendant of the fact that the Defendant would withhold the payment of the expenses for the restoration of mountainous district

On May 6, 2010, forest land prior to the instant agreement registration conversion was subject to registration conversion with 15,652 square meters of forest land in Pyeongtaek-gun, Gyeonggi-do (hereinafter “instant forest land”).

around November 2013, the Plaintiff and the Defendant sold the instant forest to the Plaintiff in KRW 1,00,000,000, and the Plaintiff developed and sell the instant forest as a housing site (hereinafter “instant contract”).