1. An order to pay the following, among the monetary payment parts (the text No. 1-C, d) in the principal lawsuit of the judgment of the court of first instance.

1. In the first instance court’s trial scope, the Plaintiff filed a counterclaim, such as the description of the purport of the claim in the principal lawsuit, while the lawsuit in question is pending.

The court of first instance accepted all the claims of the plaintiff in the principal lawsuit and rejected the defendant's counterclaim.

Accordingly, only the defendant appealed on the part relating to the principal lawsuit.

Therefore, the scope of this court's judgment is limited to the plaintiff's main claim.

2. Basic facts

A. H was assessed on August 5, 1912 in the North Korean forest.

D Forest land 1,898 square meters (hereinafter “D forest land before its division”) was divided into the above K forest land under the circumstances of H on May 2, 1957, and the 1,643 square meters of Gyeongbuk-do forest land (hereinafter “instant forest”) was divided into D forest land before its division on September 11, 2006.

B. H H’s son completed the registration of ownership preservation on April 28, 1989 with respect to D forest land before division, and the Plaintiff completed the registration of ownership transfer on May 11, 1989 with respect to D forest land before division on May 17, 1989.

C. Meanwhile, at around 1963, the Defendant newly constructed one community hall of the 10 square meters and 1 other (the title section of the certificate of real estate registration is the location of which is the G of the Gyeongbuk-gun; hereinafter referred to as the “instant building”).

Part of the instant building is located on the ground of the part (A) part (a) of the instant forest that connects each point of the indication 1 through 7, 11, 10, and 1 in sequence among the forest land in the instant case (hereinafter “part (a) among the forest land in the instant case”) and is located on the ground. The portion (A) part (a) of the instant building, which connects each point of (b) the indication 6, 7, 8, 13, 12, 11, and 6 in sequence, is used as the site.

The defendant completed the registration of ownership preservation on November 4, 197 with respect to the building of this case.

[Ground of recognition] Facts without dispute, Gap 1, 2, 4, 5, Eul 1, 3.