2. The costs of lawsuit shall be borne by the Plaintiff.

A. On October 13, 1972, the Plaintiff completed the registration of transfer of ownership based on the sale on March 24, 1972, with respect to D Forest land 95,852 square meters (hereinafter “instant forest”).

B. On the instant forest land, a forest road to be indicated in the annexed drawing (hereinafter “instant forest road”) is to be built.

C. Defendant B is well-known of F in Jeonyang-gun E, and Defendant C was well-known of F.

The Defendants are using the forest road of this case for FF traffic.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2-1 through 4, Gap evidence No. 3, the purport of the whole pleadings

2. The Plaintiff’s alleged Defendants interfere with the Plaintiff’s exercise of the Plaintiff’s ownership on the instant forest road by using the instant forest road for FF passage. As such, the Defendants seek a prohibition against passage of the instant forest road.

In addition, the Defendants are obliged to pay the Plaintiff the amount of KRW 2 million for the return of unjust enrichment and the delay compensation therefor, as they gain profits from occupying and using the forest road of this case without any title.

3. Determination

A. Article 9(1) of the Creation and Management of Forest Resources Act (hereinafter “Forest Resources Act”) provides that “The Minister of the Korea Forest Service, the Mayor/Do Governor, or the head of a Si/Gun/Gu may install forest roads (road built for the management and administration of forests) and facilities for the maintenance and protection of forest functions, such as facilities for preventing and extinguishing forest fires, with the consent of the forest owners, where deemed necessary for the establishment of production infrastructure of forests and the promotion of public functions.” Article 5(6) of the Enforcement Rule of the Forest Resources Act provides that “The forest management infrastructure installed pursuant to Article 9(1) of the Forest Resources Act shall be managed by the head of a Si/Gun/Gu or the head of a local forest office.”

B. In full view of the purport of the entire pleadings in each entry of evidence Nos. 2-1 through 4, No. 1-2, and No. 1-2, the following are the same.