1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On August 19, 1994, C, who is the father of the Plaintiff, completed the registration of ownership transfer with respect to forest land B 90,229 square meters (hereinafter “instant land”). The Plaintiff completed the registration of ownership transfer with respect to the said land on August 3, 2017.

B. On November 2005, the Defendant ordered the “E-Packing Construction Work” (hereinafter “instant packaging work”) to contain concrete packaging of a size of 602 square meters in part of the land of this case and the land adjacent thereto (194m in total) and laying a waterway of 87m in length. At the time, most of the roads leading to G land of this case and the above D forest were placed in a non-sealed state, and the road leading to G land of this case was cut down on the side of the road.

C. The package work of this case was completed on December 16, 2005, and the part of 233 square meters inside the drawing of the purport of the claim is located within the land of this case among the areas where concrete packaging is contained on the road or waterway is attached to the road.

At the time of the execution of the packing work of this case, the defendant did not obtain consent or approval from the above C to pack the packaging area of this case or to annex the waterway.

[Ground of recognition] A without dispute, Gap evidence Nos. 1, Gap evidence Nos. 4 through 9, Eul evidence Nos. 1-1 through 3, Gap evidence No. 1-3, the result of the appraisal commission to the cross-party branch of the Korea Land Information Corporation, the purport of the whole pleadings

2. The assertion and judgment

A. At the time of the enforcement of the package construction of this case, the Defendant asserted that the packaging area of this case was packed and set up a waterway without the Plaintiff’s consent, the owner of the land of this case, which infringed on the Plaintiff’s ownership.

Therefore, the defendant is obligated to remove concrete packaging and waterway in the packaging area of this case and deliver the part of the land to the plaintiff.

B. Determination 1.