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1. Of the judgment of the court of first instance, the part concerning the claim for restitution of unjust enrichment regarding forest land listed in attached Table 2 is as follows.
Reasons
1. As to the Plaintiff’s instant lawsuit within the scope of the trial of this Court, the first instance court accepted the claim for the removal of the steel network and the claim for the delivery of forest land and the claim for the return of unjust enrichment as stated in the attached Table No. 2, dismissed the primary claim, and accepted the conjunctive claim.
In this regard, the defendant only contests the part of the judgment of the court of first instance concerning the claim for return of unjust enrichment regarding forest land stipulated in paragraph (2). Thus, the scope of the judgment of this court is limited to the above part concerning the claim for return
2. Facts of recognition;
A. On November 7, 1988 and December 17, 1988, the Plaintiff completed the registration of ownership transfer on the grounds of the sale on November 7, 1988 and the sale on December 9, 1988. The Plaintiff completed the registration of ownership transfer on January 22, 2001 due to the corporate division on December 26, 200, and the KNN real estate trust corporation completed the registration of ownership transfer on the same date on the grounds of trust on December 8, 2008. The Plaintiff completed the registration of ownership transfer on the same date on the grounds of the trust on June 30, 2009.
B. The Defendant planted spawn trees, mulberry trees, and spawn trees, etc. on the forest land listed in the separate sheet No. 2, and installed a steel net listed in the separate sheet No. 1 (hereinafter “the instant steel network”) which continued from the spawn wall previously installed, a door door and a subsequent door on the line, and used them as a place where external visitors enter the forest.
C. The forest of this case has nine graves (hereinafter “instant grave”) as shown in attached Table 3 as of the present forest of this case. D.
On October 13, 2015 and November 2, 2015, the Plaintiff sent a certificate of content to the Defendant requesting the removal of the instant steel network and the relocation of the instant grave, and the foregoing.