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1. Of the instant lawsuit, the part demanding the revocation of the disposition for the suspension of possession or use of a fractional forest shall be dismissed.
2. The plaintiff's remainder.
Reasons
1. Details of the disposition;
A. A. Around January 10, 2006, the Plaintiff: (a) transferred the right to a divided forest with respect to a 39,675 square meters of C Forest, C Forest, 198,347 square meters of public forests and fields, and used it for profit; and (b) on December 20, 2008, the period of establishment expires; (c) around December 20, 2008, the Plaintiff drafted a contract to enter into a divided forest with the Defendant for the use of the divided forest with respect to the said divided forest as at December 21, 2008, from December 21, 2008 to December 31, 2015.
B. The Plaintiff was found to have used part of the powder for other purposes (752 square meters in the rest area, and 1,200 square meters in the farmland for agriculture) and was subject to the disposition of imposing indemnity from the Defendant on or around July 15, 2015 regarding the possession of the above area.
C. By December 31, 2015, the Plaintiff did not return the remainder of 37,723 square meters (hereinafter “the instant fractional forest”) out of the forest in which part was disposed of on or around June 30, 2015 (hereinafter “the instant fractional forest”), which was the expiration date of the period for the establishment of the fractional forest, to obtain temporary special cases concerning state forests without permission (hereinafter “the instant special cases”) under Article 2 of the Addenda (Act No. 13252, Mar. 27, 2015; hereinafter “the instant Addenda”), the Plaintiff submitted to the Defendant, on or around March 24, 2017, a report on the use of state forests without permission, with respect to the portion of the instant fractional forest in which part was returned, 752 square meters in size, farmland, 1,200 square meters in size, which was disposed of without permission, pursuant to Article 28(1) of the Addenda of the State Forest Management Act.
C. On August 28, 2017, the Defendant: (a) committed a tort against the Plaintiff on December 31, 2015, such as (i) returning the instant divided forest, but not destroying part of the establishment site of the divided forest; (b) thereby, suspended the possession and use of the divided forest, the period of which expires until November 30, 2017.