1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.

2. The judgment of the court of first instance as to the principal lawsuit is in accordance with Article 1 of the Criminal Procedure Act.

1. Facts of recognition;

A. On May 23, 2007, the Plaintiff completed the registration of ownership transfer by winning a bid of 949 square meters in Changwon-si, Changwon-si, Changwon-si, Masan-si, 949 square meters, E field 2136 square meters, F field 152 square meters, G field 841 square meters.

(B) The above lands have been combined with the area of 4078 square meters in Changwon-si, Changwon-si D, Mgu, Changwon-si, and this is called "the land in this case" (hereinafter).

The Defendant’s possession of the instant land by planting in sequence 1034 square meters of the portion (B) connecting each point of the attached Table 1, 2, 3, 45, 46, 47, 48, 49, 50, 6, 7, 51, 52, 37, 38, 39, 40, 41, 42, 43, 44, and 1034 square meters of the instant land (hereinafter “the part on board of the instant land”) on the ground in order to indicate the attached Table 1, 2, 3, 45, 46, 47, 49, 50, 6, 7, 51, 52, 37, 39, 40, 41, 42, 43, 444, and 5 (hereinafter “the instant item”).

C. The rent for the portion of the instant land is 89,580 won from May 23, 2007 to May 22, 2008, 930,600 won from May 23, 2008 to May 22, 2009, and 961,620 won from May 23, 2009 to May 22, 2010, and 961,620 won from May 23, 2010 to May 22, 2010; 1,023,60 won, 60 won, from May 23, 2010 to May 22, 2011; 1,05 to 36.5 won from May 23, 2011 to May 22, 2011; 1,05 won, from May 23, 2011 to 3, 2015>

[Ground of recognition] There is no dispute, Gap 1, 2, and 5 (including a paper number), Gap 3 video, result of on-site verification by the court of original instance, result of the fact-finding appraisal by the court of original instance, result of the fact-finding appraisal by the court of original instance as to the Korea Land Information Corporation of the court of original instance, the result of the commission of a cadastral surveying and a surveying for boundary restoration, the whole purport of pleadings

2. Determination on the main claim

A. According to the above facts of recognition as to the cause of claim, the Defendant occupied the instant trees on the part of the instant land owned by the Plaintiff by planting them on the ship, thereby hindering the Plaintiff’s exercise of ownership. Thus, the Defendant is the Plaintiff.