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1. The defendant shall be the plaintiff.
A. (i) Of B forest land B, 6761 square meters (attached Form 1) indicated in the drawings, “1” portion of “1 square meters” shall be 469 square meters.
Reasons
1. On July 22, 2011, the Plaintiff completed the registration of ownership transfer with respect to B forest No. 6761 square meters (hereinafter “B forest”) and C forest No. 11622 square meters (hereinafter “C forest”) in Pakistan-si, Pakistan-si.
B Forest land and C Forest land (hereinafter referred to as “the forest of this case”) are currently (attached Form 1) and (attached Form 2), such as drawings and drawings, and there are traffic and mitts installed in the defendant’s military unit, and all of the forest of this case are designated as restricted protection zones under the Protection of Military Bases and Installations Act, and there are no other facilities, such as buildings.
From July 22, 2011 to May 16, 2016, the rent of the entire forest land B is KRW 45,395,800, and the rent of the entire forest land C is KRW 70,763,900, and the rent from May 17, 2016 will be KRW 788,783 in the case of forest land B and KRW 1,229,95 in the case of forest land C.
[Ground of recognition] In light of the facts without dispute, Gap 1, 2, and 3 evidence, and the purport of the entire pleadings, the defendant is obligated to remove the traffic and the mitts on the ground to the plaintiff, who is the owner of the forest of this case, and deliver the forest of this case to the plaintiff, unless there are special circumstances.
In addition, in full view of the following circumstances, i.e., the instant forest, as shown in the separate sheet, is designated as a “restricted protection zone” under the laws and regulations for the protection of the relevant facilities, and accordingly, it is considerably difficult for the Defendant to enter the instant forest as well as to exercise ownership by obtaining permission from the military unit, such as construction, etc. in the instant forest. As such, it is reasonable to deem that the Defendant occupies the entire forest of the instant forest. As such, the Defendant is in possession of the Plaintiff of the entire forest of this case, the amount equivalent to the rent of 116,159,700 won (=45,395,800 won as unjust enrichment from possession of the instant forest until May 16, 2016) and the amount equivalent to the rent of 116,159,700 won (=70,763,900 won) from May 17, 2016.