A. 8,265 square meters of C forest land in Gunsan-si (hereinafter “the instant forest”) was owned by D, the initial Plaintiff. On April 23, 2001, the Plaintiff completed the registration of ownership transfer for the instant forest land on April 3, 2001.

B. On June 12, 2005, the Plaintiff prepared and sent to the Defendant a written consent to the land use (Evidence A 3) that consented to the use of the forest of this case for the purpose of collecting earth and rocks by using the forest of this case as the period of use from June 12, 2005 to May 30, 2008.

On January 17, 2007, on the basis of the written consent to land use, the Defendant applied for quarrying permission on the land outside the Gun, Si, Gun, E, and nine lots of land including the forest of this case, and run the business of collecting earth and rocks upon obtaining permission around April 25, 2007.

C. Around May 31, 2011, the Defendant applied for permission to extend the period by using a forged written consent to collect earth and rocks (Evidence A No. 4) with the purport of accepting the Defendant’s use of the forest of this case by the end of June 2015 for the purpose of collecting earth and rocks, although no consent was obtained from the Plaintiff.

On August 26, 2011, the above application for permission was rejected on the ground of the result of the investigation of the Gun Police Station that the written consent to the land use of the forest in this case was forged.

Plaintiff

In the future, the ownership transfer registration of April 23, 2001 was cancelled on the grounds of cancellation of agreement made on the same day on July 24, 2014, and D recovered ownership of the forest of this case.

However, around July 18, 2014, the Defendant leased the forest of this case from D as 120 months from D’s mineral extraction, annual rent of KRW 15,000,000 (annual rent of KRW 30,000 from July 2017) and the delivery date of the lease term (the scheduled date of delivery is July 30, 2014).

[Ground of recognition] Facts without dispute, Gap evidence 1 to 9, Eul evidence 1 to 11, the purport of the whole pleadings

2. Matters concerning the duty to return unjust enrichment and the recognition of liability for damages