1. The Defendant indicated in the attached Form No. 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 21, 9, among B forest land No. 2645 square meters in Sungsung-si.

1. Basic facts

A. The Plaintiff’s land owned by the Plaintiff, which completed the registration of ownership transfer on April 12, 2000, for B forest land B (hereinafter “the instant forest”) with the land owned by the Plaintiff, which had completed the registration of ownership transfer in his own name.

B. The Defendant, among the forest land of this case, puts asphalt packaging on the part “(b)” (hereinafter “the road section of this case”) and 706 square meters (hereinafter “the road of this case”), which connects each point of the annexed drawings, in sequence, among the forest land of this case, to the 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 9, 22, 23, 24, 25, 26, 27, 28, 29, 30, 11.

In addition, the ground of the road portion of this case has a water supply center installed by the defendant.

C. The total rent of the instant road portion from March 31, 201 to December 31, 2016 (referring to the assessment based on “forest land” which is a land category) is equivalent to 11,155,220 won, and the rent from January 1, 201 to March 31, 2017 is equivalent to 504,780 won (=168,260 won x 3 months). The monthly rent of the instant road portion at the time of the closing of the argument in this case is equivalent to 168,260 won.

[Ground of recognition] The items in Gap evidence Nos. 1, 2, and 3, the result of appraiser C's survey and appraisal, the result of appraiser D's appraisal of rent, the purport of the whole pleadings

2. According to the above facts of determination, insofar as the Defendant did not assert or prove otherwise have a legitimate right to possess the road portion of this case, the Defendant is obligated to deliver the road portion of this case to the Plaintiff, and to pay to the Plaintiff the sum of 11,660,000 won (11,15,220 won + 504,780 won + 504,780 won) and damages for delay at the rate of 15% per annum from April 1, 2017 to the day following the delivery of a copy of the application for modification of the purport of this case’s claim from April 1, 2017 to the day of full payment. From March 1, 2017 to April 31, 2017, the Plaintiff lost ownership of the road portion of this case, or from March 31, 2017 to the day of termination of occupation of the road portion of this case or the Defendant’s occupation.