1. The defendant is the plaintiff (appointed party) and the successor.

A. It shall be indicated in the attached Form 1 among the 6149 square meters of the forest land C in Chungcheongnam-gun, Chungcheongnam-gun.

Facts of recognition

A. The land of this case (hereinafter “instant land”) is the land in which the Plaintiff (appointed party; hereinafter “Plaintiff”) and the Appointed share 1/2 shares in each of the respective 1/2 shares of forest land Eri-Gun, Chungcheongnam-do (hereinafter “Eri-Gun”) (hereinafter “the instant land”).

B. The Defendant is the owner of a 5-dong stable building on the land outside G land (hereinafter “instant building”).

However, among the instant land, part of the instant building, which is its neighboring land, is built by bed up with a part of 169 square meters in the ship (hereinafter “section (b)) connected in sequence with each point of the attached drawing Nos. 1, 2, 3, 4, 5, 6, 7, 8, 9, and 1 of the instant land (hereinafter “section (b)”).

C. In addition, while operating a stock farm in the instant building, the Defendant occupies and uses the land (a) area in the instant building in sequence with each point of the attached Form No. 3, 16, 15, 14, 13, 12, 11, 10, 9, 8, 7, 6, 5, 4, and 3 among the instant land.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3 (including a branch number, if any), the result of the request for surveying and appraisal of the Korea Land Information Corporation in this court, the result of fact inquiry to the budget-raising agencies of this court, and the fact-finding of the whole purport of the pleadings, barring any other special circumstances, the defendant is obligated to remove the part of the building on the ground of the land in this case to the plaintiff and the selected parties, deliver the land in this case (a) and (b) and return the rent equivalent to the rent due to the use of the land in this case (a) and (b) without permission.

Furthermore, according to the results of the request for appraisal of the rent for appraiser H by this court concerning the scope of the return of the unjust enrichment, the rent for the land in the instant case (A) and (b) can be acknowledged as constituting the 31,900 grounds for the month as of July 28, 2017, and thereafter it is ratified as the same amount.

Therefore, the defendant must return.