1. In order to the Plaintiff, the Defendant indicated on the annexed map 1, 2, 3, 4, 5, 6, and 1 among the annexed drawings of 266 square meters of C forest land in Sungsung-si.

1. Facts of recognition;

A. On September 8, 2018, the Plaintiff purchased 266 square meters of C forest land (hereinafter “instant land”) from D Co., Ltd. (hereinafter “D”) and completed the registration of ownership transfer on October 12, 2018.

B. The instant land adjoins to Dong-si E’s land for E, 5,078 square meters (hereinafter “instant E”), which is owned by the Defendant, from April 16, 2018 to the boundary of the instant land, the Defendant occupied and used concrete packaging on the part (A) of the instant land, which connects each point of the attached Form 2 Map Nos. 1, 2, 3, 4, 5, 6, and 1, which is the part outside the retaining wall installed with a separation distance of 0.7 meters from the boundary of the instant land from April 16, 2018.

C. After acquiring the ownership of the instant land, the Plaintiff conducted a boundary survey as above, and the Defendant demanded the return of the said portion of land with knowledge that he/she occupied and used 23.5 square meters of the instant land. On November 27, 2018, while the Defendant did not comply therewith, he/she restored part of the land and installed pents on the boundary of the restored part of the land.

Accordingly, the part which the Defendant has not yet returned is 10.22m2m2 in the ship which connects each point of the attached Form 1 drawing indication 1, 2, 3, 4, 5, 6, and 1 among the land of this case, and the Defendant has occupied, used, by installing concrete packaging and pents.

[Evidence: Evidence No. 1, 4, 5, 6, 7, 8, evidence No. 7, witness F's testimony, and whole purport of oral argument]

2. Determination

A. According to the above facts, the land in this case is owned by the Plaintiff. The Defendant is obligated to remove the above concrete packaging and pents and return the above part of the land to 10.22m2m2m2, barring special circumstances, inasmuch as it is occupied and used by installing concrete packaging and pents on the 10.22m2m2 as the Defendant indicated in the above attached Form 1 drawing among them.