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1. The defendant
(a) KRW 57,288,294 and KRW 12,340,90 among them shall be from October 25, 201 to the date of full payment.
Reasons
1. Basic facts
A. The Plaintiff is the owner of the Gyeonggi-do Seocheon-gun B forest land 35,369 square meters (hereinafter “instant forest”).
B. The Defendant’s Group 28 without the Plaintiff’s permission is occupying the instant forest by installing a heart, electric poles, water pipes, telephone lines, cables, cables, roads, military installations (defenses, and escape communications offices) in the instant forest as shown in attached Forms 1 and 2.
[Ground of recognition] Unsatisfy facts, Gap 1, 2, 3, 7 evidence, Eul 5-2, Eul 6 evidence, Gap 5, 10, 13, and 14 evidence, the result of the verification by this court, the purport of the whole pleadings
2. The assertion and judgment
A. The plaintiff's assertion is without the plaintiff's permission, and the defendant has a duty to deliver the forest of this case to the plaintiff, since the defendant occupies the whole forest of this case by installing the depth, electric poles, water pipes, telephone lines, cables, roads, trags, and refuge communications offices, etc., and the defendant has a duty to deliver the forest of this case to the plaintiff. Since the defendant gains unjust enrichment equivalent to the rent without any legal grounds, the defendant has a duty to pay the plaintiff the plaintiff the unjust enrichment equivalent to the rent of 12,340,90 won and damages for delay (the plaintiff has suffered losses equivalent to the rent due to the above illegal possession of the defendant as seen above). Since the forest of this case caused damage to the forest of this case by the tort of this case installed with the above facilities without the plaintiff's permission, the defendant is liable to pay the plaintiff the restoration expenses of the forest of this case due to the tort and the damages for delay.
B. 1) Determination 1) Determination of the claim for delivery of the instant forest and the claim for return of unjust enrichment should be made based on the laws and regulations relating to the instant forest and land by installing and owning a facility without a legitimate title on the land of another person.