1. Of the 3,943§³ B forest land in Gyeyang-gu, Yangyang-gu, Yangyang-gu, the Defendant indicated in the attached Form No. 1, 2, 3, 4, 5, 6, 7, 8, 9, and 1.

1. The Plaintiff is the owner of Goyang-gu Seoyang-gu B forest land No. 3,943 square meters (hereinafter “instant forest”).

The Defendant is the owner of C large-scale 162 square meters adjacent to the instant forest (hereinafter “Defendant-owned land”) and the second floor detached housing, and among the forest land in this case, the Defendant installed the entrance, fence, etc. of the instant housing on the ground of 125 square meters in line with the indication of the annexed drawings among the forest land in this case, and used as a mail.

[Ground of recognition] Facts without dispute, entry of Gap 1 to 4 evidence (including branch numbers) and the purport of the whole pleadings

2. Prior to the determination as to the cause of the claim, the Defendant possessed the part of the instant crime out of the forest land owned by the Plaintiff. Thus, barring any special circumstance, the Defendant is obligated to remove all above ground objects, such as entrances and fences, on the ground of the instant crime part and deliver the part of the instant crime to the Plaintiff.

3. Judgment on the defendant's defense

A. The defendant's defense of the acquisition by prescription against the possession of an adjacent land and its ground on August 26, 1997, purchased the current status of the adjacent land and its ground, as it is, and subsequently, purchased the above house on or around October 1997, and installed a fence, etc. on the surface of the crime in this case and continuously occupied the part of the crime in this case and openly and openly with the intention to own it. Thus, it is argued that the acquisition by prescription

The reason is that the construction of a building on the site owned by the person himself/herself does not accurately confirm the boundary line with the adjoining land, and even if the building caused a part of the adjoining land by mistake, so long as it is due to an error, it cannot be readily concluded that the possession of the adjoining land is not based on the intention to own the adjoining land. However, a person who intends to construct a new building on the site owned by him/her is the location and area of the part of the site where the building is located.