1. The Defendant’s KRW 3,44,694 as well as 5% per annum from December 30, 2015 to February 18, 2016 to the Plaintiff.

1. Basic facts

A. On February 28, 1990, the Plaintiff’s husband D (hereinafter “the deceased”) completed the registration of ownership transfer on the land of 15,671 square meters and 630 square meters in Jinsung-gun (hereinafter “instant land”). On December 8, 2009, the deceased died, following the agreement on the division of inherited property, the Plaintiff’s ownership transfer registration was made on April 26, 2010.

B. Around March 1999, the Army E unit affiliated with the Defendant (hereinafter “Defendant E unit”) agreed that the Defendant unit would use the instant land without setting a period and consideration between F and F on behalf of the Deceased (hereinafter “instant agreement”).

C. The Defendant unit set up a dust part of the instant land and uses it as a training site.

Around October 29, 2012, the Defendant asserted that the Plaintiff requested the suspension of use of the instant land on or around November 14, 2012. However, according to the “Review on Civil Petitions” among reference materials submitted by the Defendant on October 10, 2014, the Plaintiff appears to have requested the return of the instant land around October 29, 2012.

On November 20, 2012, the Plaintiff demanded the return of land, and the use was suspended on November 20, 2012.

In the instant land, there exist facilities, such as vehicles, helicopter landing grounds, and communication terminal boxes, installed by the Defendant unit (hereinafter referred to as “mast facilities”), and the total area of the area where the remaining facilities are installed is 1,090 square meters, and the specific location and area of each facility are indicated in the attached Form 2.

E. Meanwhile, around 2013, rent for the entire land of the instant case is KRW 15,501,251 per annum.

[Ground of recognition] A without dispute, Gap evidence Nos. 1 (including each number, if any; hereinafter the same shall apply), Eul evidence Nos. 1, 2, 5, and 6, appraiser G, and Gosung branch office of the Gangwon District Headquarters of the Korea Land Information Corporation, the result of each appraisal by appraiser G, and the purport of the whole pleadings

2. The parties' assertion

A. The Defendant unit, without legal title, established a station facility on the instant land without the Plaintiff’s assertion as a training ground.