A. The facts of recognition are 1) The forest land C in Tong-gu is 4,579 square meters (hereinafter “the forest of this case”).

(2) On March 24, 2003, E owns the Plaintiff 2,37/3,074 shares, and D owns 737/3,074 shares, and D owns 407/3,074 shares. (2) On the ground of F warehouse site adjacent to the instant forest (hereinafter “instant warehouse site”), 85m2 on the land surface, 407m2 adjacent to the instant forest (hereinafter “instant warehouse site”); 21m2 on the adjacent building, steel-frame steel-frame, steel-frame, steel-frame, steel-frame, steel-frame, roof, one-story, and 27m2 on the adjacent warehouse (hereinafter “instant warehouse”); and (3) newly constructed a new warehouse on March 29, 2005, and completed the registration of ownership transfer on March 29, 2005. The instant warehouse connects 5,62,31,30, 29, 29, 28, and 5m25m2 (hereinafter “the attached drawings”).

3) As to the warehouse site of this case on January 28, 2003, the Defendant completed each registration of ownership transfer concerning the warehouse of this case on March 29, 2005. [Reasons for recognition: Facts without dispute, entry of Gap Nos. 1 through 3 and 5 (including each number of numbers; hereinafter the same shall apply), the result of the appraisal commission to the Korea Land Information Corporation, the purport of the entire pleadings.

B. According to the above findings of determination, unless there are special circumstances, the defendant has a duty to remove the part on the ground set up on the ground of the warehouse of this case and deliver part of the land to the plaintiff who owns 2,377/3,074 shares of the forest of this case among the forest of this case.

2. In relation to the determination of the Defendant’s assertion, the Defendant asserted to the purport that the Plaintiff’s claim is unjustifiable, but the statement or image of the evidence Nos. 1 through 9 alone is insufficient, and there is no other evidence to acknowledge it.

Therefore, the defendant's above assertion is accepted.