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1. The defendant shall be the plaintiff.
(a) deliver a C forest land of 558 square meters in emulation;
B. List A, B, C, D, E, among the aforesaid forests and fields.
Reasons
Comprehensively taking account of the purport of Evidence A and the entire pleadings, it is recognized that the Plaintiff acquired the ownership of 558 square meters of C forest land in Masung-si on August 2, 2016 through the public sale procedure conducted by the Korea Asset Management Corporation, and that the Defendant owned a building illegally constructed on the land of 190 square meters of the portion connected with each of the above forest land in sequence A, B, C, D, E, F, G, and A, among the above forest land.
Therefore, as a performance of the duty to return the owned property and to remove the obstacles to the owned property, the defendant should deliver the above woodland to the plaintiff, and remove the above building.
In regard to this, the defendant asserted that the contract was concluded between the plaintiff and the defendant on March 2017 with the content that the defendant can use the forest in question in order to own the building. However, the evidence of subparagraphs B through B alone is insufficient to recognize the above assertion, and there is no other evidence to acknowledge it otherwise.
The defendant's above assertion is not accepted.
In addition, the defendant's assertion that it is impossible to respond to the plaintiff's claim because he lawfully acquired the superficies that can use the above forest in order to own the above building in 2004. However, according to the Gap evidence No. 1, it is recognized that the superficies claimed by the defendant is not registered. Thus, the defendant's argument cannot be accepted without examining other points.
After all, the plaintiff's claim is accepted on the ground of the reason.