A. Around August 1, 2004, C entered into a loan agreement with the head of the D State Forest Management Office and the head of the Seoyang-gu Office for State forest management for the purpose of using 61m2 (hereinafter “the instant forest land”) among 86,124m2 (on the present date, it was divided into the Mayang-gu Forest Forest and the registration conversion) for the purpose of using 661m2 (hereinafter “the instant forest land”), and entered into a loan agreement for the lease period from August 1, 2004 to two years.

(hereinafter “instant loan agreement”). Since then, C and D State Forest Management Director renewed the lease period of the said loan agreement from August 1, 2006 to December 31, 2008.

B. Around 2005, C newly constructed a building on the land of the forest and field, which is an unauthorized building (hereinafter “instant building”), and died on July 20, 2007, and H and I jointly inherited inherited property by the wife, G and children, H and I.

C. Meanwhile, the instant loan agreement was revoked on October 31, 2007, using the forest land of this case for other purposes without using it as the purpose of the lending contract.

On May 30, 2015, the Plaintiff paid the sales price of KRW 95 million to G who representing heirs and purchased the instant building.

(hereinafter “instant sales contract”). E.

The defendant currently occupies the portion (C) of 93.7 square meters in the ship (hereinafter referred to as "part (hereinafter referred to as "(C)") connected with each point of 10,11, 12, 19, 14, 15, 18, 17, and 10 of the attached drawings in sequence.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, 13, 14 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination

A. According to the above facts of determination as to the cause of the claim, the plaintiff has the right to request G to deliver the building of this case. Thus, barring special circumstances, the defendant has the duty to deliver the above (C) part to the plaintiff who seeks to deliver G in subrogation to preserve the above claim for delivery.

B. The defendant's assertion 1 is the case between C and the Republic of Korea.