1. The Defendant points out 1, 2, 3, 4 and 1 of the annexed drawings, among 3,818 square meters of land C forest in Jeon Chang-gun, Jeonbuk-gun, the Plaintiff, respectively.

1. The following facts do not conflict between the Parties:

On April 16, 1985, the Plaintiff completed the registration of ownership transfer under the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 3562, effective) on the ground of sale on December 19, 1974 with respect to the land of 3,818 square meters (hereinafter “instant real estate”).

B. From around April 16, 1985, the Defendant, at least, installed a temporary object (hereinafter “the instant temporary object”) on the ground level of 70 square meters in the ship which connects 1, 2, 3, 4, 1, and 70 square meters in sequence among the instant real property (hereinafter “instant dispute part”), and occupies the instant dispute part up to the present day.

2. The parties' assertion

A. The Plaintiff is the owner of the instant real estate.

However, the defendant establishes the temporary object of this case and occupies the dispute part of this case.

The plaintiff, based on ownership, seeks the removal of the provisional article of this case and delivery of the dispute part of this case to the defendant.

B. Defendant 1) The registration of transfer of ownership in the name of the Plaintiff as to the instant real estate is null and void as there is no legal ground. The Plaintiff is not the owner of the instant real estate. (2) The Defendant occupied part of the instant real estate, including the instant dispute, for at least 20 years retroactively from the present point of time.

Since the acquisition by prescription has been completed, the defendant has the right to possess the dispute part of this case.

3 The provisional objects of this case are legal buildings.

If the defendant sells the real estate of this case to the plaintiff with the temporary property of this case, the defendant shall acquire legal superficies under customary law on the temporary property of this case.

Since the above superficies have been continuously renewed, the defendant has the right to possess the dispute part of this case.

If superficies have not been renewed, the defendant raises objection against the plaintiff.