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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The facts under the basis of facts do not conflict between the parties, or may be acknowledged by taking into account the overall purport of the pleadings as a whole in the entries in Gap evidence 1 to 4 (including branch numbers).
The Plaintiff purchased 2,747 square meters of D forest land in Seosan-si (hereinafter “instant forest”) and 3,597 square meters of E forest on November 1, 198 and completed the registration of ownership transfer on or around April 1994.
B. At present, Defendant C owned the area of 9,502 square meters in Seosan-si. On December 10, 2013, the Plaintiff divided the area of 335 square meters in G into the above F land. On December 11, 2013, the Plaintiff divided the area of 335 square meters in H forest E forest as indicated in the foregoing paragraph (a) owned by oneself. The Plaintiff and Defendant C exchanged the area of 335 square meters in G owned by the Defendant and H forest owned by the Plaintiff with the area of 335 square meters in G, and H forest owned by the Plaintiff on February 14, 2014, the Plaintiff owned the Plaintiff and H forest owned the area of 335 square meters in G, and the area of 335 square meters in H forest and forest owned by the Plaintiff.
다. 이 사건 임야 중 별지 감정도 표시 22, 21, 20, 19, 18, 17, 22의 각 점을 차례로 연결한 선내 ㈃ 부분 8㎡ 및 같은 감정도 표시 27, 28, 29, 27의 각 점을 차례로 연결한 선내 ㈂ 부분 6㎡에는 시멘트 콘크리트 재질의 배수관(이하 ‘이 사건 배수관’이라 한다)이 설치되어 있다.
2. Determination on the cause of the claim
A. The gist of the Plaintiff’s claim asserted that Defendant C, the husband of the instant forest, installed the drainage pipe in part of the instant forest and land adjacent to the Plaintiff, and sought removal and delivery of the part of the instant forest and land. In addition, Defendant C, around March 2013, sold soil from the instant forest and land owned by the Plaintiff without permission from the Plaintiff, and made it into a dry field with the soil of the land owned by the Plaintiff as a dry field. As such, Defendant C without permission, claimed that the soil from the instant forest and land owned by the Plaintiff would amount to 50 tons of truck with 15 tons of truck without permission, the amount of KRW 50,000,000 per 15 tons of truck should be returned as unjust enrichment.
B. All of the evidence presented by the Plaintiff is assessed.