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1.The judgment of the first instance shall be modified as follows:
Defendant B and C shall each of the Plaintiff KRW 19,741,922 and their amount.
Reasons
1. Facts of recognition;
A. On January 27, 200, Defendant B and three others obtained permission for changing the form and quality of a forest (hereinafter “instant permission”) from the head of the Gun for the purpose of creating a site for constructing housing and a warehouse, and completed a completion inspection from the head of the Gun of reinforcement on May 26, 2003, after obtaining permission for changing the form and quality of a forest for 4,850 square meters (hereinafter “instant application site”).
B. Defendant B, C, etc., at the time of the instant construction, intended to install an access road across 559 square meters in J-gun, Incheon, Incheon, where the instant application area was located (hereinafter “J-forest”). However, at the time of the construction performance of the said construction, part of the land was extended to the extent that a large vehicle, such as digging off, etc. (hereinafter “H ditch”), located in the Incheon, Incheon, the ownership of the Republic of Korea (hereinafter “the instant road”), which was installed as a non- packing yard for the passage of construction vehicles, etc. (hereinafter “the instant road”). During the construction process, the attached Table No. 1,649 square meters in D-gun, Incheon, the Plaintiff owned, among the land owned by the Plaintiff (hereinafter “D forest”), was also incorporated into the part 1,649 square meters in the indication on the ship (hereinafter “the attached Table No. 291 square meters in the Incheon, Incheon, E-gun, and the bottom 291 square meters (hereinafter “the instant ditch”).
C. After the completion inspection was conducted by Defendant B, C, etc., the roads of this case are actually used as a passage for entry into each house owned by the said Defendants and other residents. However, on September 2005, the Defendant C, at the request of residents, including Defendant B, etc., the attached appraisal of the present situation of this case, which was in the non- packing state, was packaged as concrete, and the road name (current K) is assigned to the packaging roads.
Defendant B and C shall be the instant case.