1. The defendant shall be the plaintiff.

A. The head of Si/Gun/Gu collects trees of B forest No. 9,840 square meters, C preceding 1,944 square meters, and trees on the ground of D preceding 625 square meters.

1. Facts of recognition;

A. On November 25, 2013, the Plaintiff purchased B forest No. 9,840 square meters, C previous 1,944 square meters, and D previous 625 square meters (hereinafter “each of the instant lands”) in a voluntary auction procedure and completed the registration of ownership transfer.

B. The Defendant occupies each of the instant land by planting trees, etc. (hereinafter “the instant trees”) on each of the instant land.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 3, the purport of the whole pleadings

2. Determination

A. According to the above facts, the defendant, by planting and occupying the trees of this case on the land owned by the plaintiff, gains profits equivalent to the profits from use and thereby causes damages equivalent to the same amount to the plaintiff.

Therefore, barring special circumstances, the Plaintiff is obligated to collect the trees of this case, deliver the land, and return the profits equivalent to the profits from the use of the land in unjust enrichment.

B. As to this, the Defendant asserts to the effect that the Plaintiff’s claim is groundless, since the lease contract was concluded between Nonparty E, who is the owner of each land of this case, by setting the lease period for each land of this case from March 6, 2006 to March 6, 2026.

According to the evidence No. 1, B, it is recognized that a lease contract was concluded as alleged by the defendant, but it cannot be asserted against the plaintiff who is not the party to the contract. Thus, the defendant's above assertion is without merit.

C. Furthermore, as to the amount of unjust enrichment that the Defendant should return, the amount of profit from the possession and use of the real estate in ordinary cases is the amount equivalent to the rent of the real estate. According to the appraiser F’s appraisal result, the fact that the Plaintiff’s acquisition of ownership of each of the instant lands from November 25, 2013 to November 24, 2014, is the sum of the rent of each of the instant lands from November 25, 2014 (=81,800 won) to November 24, 2014, the sum of rent of each of the instant lands is KRW 1,036,580 per month.