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1. The defendant shall be the plaintiff.
(a) Water pipes laid underground on the surface of 936 square meters of forest B in Ulsan-gun, Ulsan-gun, and their ground attached thereto.
Reasons
1. Basic facts
A. The ownership was transferred to D on May 4, 1974 on the land size of 2,238 square meters in Ulsan-gun, Ulsan-gun, the Defendant owned, and the ownership was transferred to E on October 18, 1986 due to the merger and division inheritance.
B. On May 13, 1997, C Forest land 2,238 square meters was divided into 1,925 square meters and B forest land 313 square meters, and C forest land 1,925 square meters was divided into 1,922 square meters and F forest land 623 square meters on May 16, 201.
Article 22(1) of the Civil Procedure Act provides that the ownership of forest land B shall be transferred to G on July 24, 1997. The plaintiff acquired the ownership on October 19, 2007 due to the compulsory sale by official auction.
Applicant on May 19, 201, the Plaintiff purchased the ownership of F forest land of 623 square meters from E and acquired ownership.
(v) the forest No. 313 square meters and F Forest No. 623 square meters were merged on February 15, 2012 and real estate indicated in the order (hereinafter “instant real estate”) was located;
나. 토지 현황 ⑴ 주문 기재 선내 ㈎부분 165㎡(이하 ‘이 사건 도로부분’이라고 한다)는 마을안길 도로로 사용되고 있다.
The instant road section was located within 623 square meters of F forest land, which was the land prior to the merger of the instant real estate, and B forest land B was located on the side below the instant road section.
Article 813 square meters adjacent to the instant real estate owned by the Republic of Korea.
C. (1) On November 2007, the Defendant installed a water supply pipe on the ground of the instant real estate as a patrolman.
B. From September 16, 2013 to November 14, 2013, the Defendant re-packagedd the asphalt on the village road including the road portion in this case.
The sum of rent for the instant road portion from June 20, 201 to June 19, 2015 of the instant road portion is KRW 359,790, and rent for around June 2015 is KRW 9,020 per month.
[Reasons for Recognition] Facts without dispute, Gap evidence 1, 8, 15 evidence, Gap evidence 4-1, 2, Gap evidence 13, 14-1 through 4, Eul evidence 1, 2, 4, 9 evidence, the result of the court's entrustment of discretionary appraisal of witness E, witness E's testimony, and the purport of whole pleadings.