(a) Collecting trees planted on the 2,603 square meters of Gyeongbuk-gun, Chungcheongnam-gun, Chungcheongnam-do, and transferring the said land.

A. D On June 16, 2015, while owning the land listed in the Disposition No. 1 (hereinafter “instant land”), D died on June 16, 2015, and completed the registration of ownership transfer with respect to each of the above land on April 18, 2016 by E, F, and G.

B. On September 6, 2016, the Plaintiff purchased the instant land from E, F, and G for KRW 72 million, and completed the registration of ownership transfer in the name of the Plaintiff on September 22, 2016.

C. Meanwhile, from January 2006, the Defendant planted trees on the instant land from January 2006 and cultivated them.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, the purport of the whole pleadings

2. Determination as to the cause of action

A. According to the above facts, since the defendant occupied and used the land of this case thereby hindering the exercise of the plaintiff's right to ownership on the land of this case, it is obligated to deliver the land of this case to the plaintiff and collect the above ground trees.

B. In addition, the Defendant occupied the instant land, thereby gaining profits from the use of the said land and inflict damages equivalent to the same amount on the Plaintiff. According to the appraiser H’s appraisal result, the rent for the said land from September 22, 2016 to September 21, 2017 can be known to the fact that the rent for the said land was 117,135 won per month. Since it is confirmed that the rent for the subsequent land was the same amount, the Defendant is obligated to return to the Plaintiff the amount of unjust enrichment equivalent to the rent for the rent calculated by the ratio of KRW 117,135 per month from September 22, 2016 to September 21, 2017.

3. As to the Defendant’s assertion, the Defendant: (a) leased the instant land to D on January 10, 2006 for 15 years; and (b) decided to substitute the rent for management of three graves on the ground; and (c) knowingly purchased the said land, the instant claim constitutes an abuse of rights.

The exercise of rights causes pain to the other party on a subjective basis.