1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On February 11, 1984, the registration of ownership transfer was completed on the ground of the Defendant’s gift made on December 17, 1997, the ownership transfer registration was completed on the ground of the Defendant’s gift made on December 15, 1996.

B. The instant forest was mostly a river around 1949. Since around 1962, E, the father of the Plaintiff, occupied it from around 1962, he stored a stable and newly built a house, and reclaimed it as a dry field.

After that, there were several damages to the forest of this case due to the horse, etc., and E recovered from the damages at its own expense.

C. On January 7, 2016, E died on or around September 1986. The Defendant obtained a favorable judgment against E’s heir (Plaintiff, F, G, H, and I) on the ground of the instant forest land [12 square meters in size), warehouse (43 square meters in size), warehouse (79 square meters in size), warehouse (29 square meters in size), warehouse (22 square meters in total), 140 square meters in size] and sought removal of the instant forest land and seeking delivery of the instant forest (Ya District Court Decision 2016Kadan5032 decided September 28, 2016, and Suwon District Court Decision 2016Na72310 decided July 21, 2017).

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 through 6 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination as to the cause of action

A. Since the Plaintiff’s assertion E occupied the forest of this case while occupying the forest of this case, and disbursed expenses such as clearing and restoring flood damage, the Defendant is obligated to repay the increased amount to the Plaintiff, who is the heir of this case, as beneficial cost.

B. The relevant legal doctrine states the amount of expenditure of a possessor as stipulated in Article 203(2) of the Civil Act refers to the amount actually paid by the possessor. The reason is that it is apparent that the possessor has paid the cost, but no data exists after a long time has elapsed from the