1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. Facts of recognition;

A. On January 14, 2008, the Defendant acquired 3,306/27,610 shares of G forest land G 2,706 square meters (hereinafter “instant forest”) in Gangseo-si, Gangnam-si, and sold the said shares to H on September 27, 2010, and completed the registration of transfer on October 29, 2010.

B. On March 24, 2015, the voluntary auction was commenced as to the entire forest of this case to Chuncheon District Court I, and the Plaintiff purchased the forest of this case at the auction procedure on August 26, 2015 and acquired ownership.

C. The Defendant, among the instant forest land, installed a wooden building warehouse on three square meters in part, which connects each point of 1, 2, 3, 4, and 10 square meters in order to connect each point of 8 square meters in the table of “A” part of “A” in the table of 5, 6, 7, 8, 9, and 5 square meters in the table of “A”, and the office of a prefabricated board board building on the 77 square meters in order to connect each point of 10, 11, 12, 13, and 10 square meters in the table of “B” part of “A”, which connects each point of 77 square meters in the same drawing, and installed a wooden building warehouse on the 3 square meters in the same line among the instant forest land. Of the instant forest land, one of the instant buildings and its neighboring concrete, and the 212.5 square meters in each of the instant forest land is loaded with one vessel and a car tower on the instant forest land.

From August 26, 2015 to June 29, 2018, the amount equivalent to the rent of 212.5 square meters out of the instant forest, which the Plaintiff acquired the ownership of the instant forest, is KRW 3,111,300, and the amount equivalent to the monthly rent as of June 29, 2018 is KRW 95,090.

[Ground of recognition] The entry of Gap evidence Nos. 1 and 2, the result of the appraisal of rent by the appraiser K of the first instance court, the result of the appraisal commission of the Korea Land Information Corporation in the first instance court to the Gangnam branch office, the purport of the entire pleadings

2. Determination

A. According to the above facts of determination as to the cause of the claim, unless there is any assertion as to the fact that the defendant has a legitimate title to possess the forest of this case, the plaintiff may request the defendant to remove and return interference on the basis of ownership of the forest of this case (Articles 214 and 213 of the Civil Act), and the defendant shall be the plaintiff.