1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On March 9, 2004, the Plaintiff purchased 733 square meters of C forest land in Kimpo-si (hereinafter “instant forest”) and acquired the ownership thereof.

B. Around May 199, the Defendant purchased and owns from D the land of this case 134 square meters (hereinafter “the instant building”) of the attached drawings among the forest of this case, (2), (3), (2), (1), (1), (9), (8), (7), and (2) the land of this case, which was constructed on the ground level (Ga) in order to connect each point, and owned the land of this case. For the purpose of owning the building of this case, the Defendant occupies the land of this case 1,2, (2), (3), (4), (5), and (6) the attached drawings among the forest of this case (hereinafter “the instant building site”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence No. 2, the purport of the whole pleadings

2. Determination on the cause of the claim

A. According to the above facts, the defendant, barring special circumstances, occupied the building site of this case for the ownership of the building of this case, thereby infringing on the plaintiff's ownership of the building site of this case. Thus, the plaintiff is obligated to remove the building of this case, deliver the building site of this case, and return unjust enrichment equivalent to the rent due to the use of the building site of this case.

B. As to this, the defendant asserts that the plaintiff has legitimate authority to occupy and use the building site of this case since the plaintiff allowed the defendant to use the building site of this case for the ownership of the building of this case.

In full view of the purport of the entire pleadings in the evidence Nos. 1, 2, and 2 of the evidence Nos. 1-1, 1-2, and 1-2, the Plaintiff and the Defendant shall notify the Defendant of the sale of the forest of this case one month prior to May 2015, and the Defendant shall deliver the building of this case to the Plaintiff by the remainder date. The Plaintiff shall simultaneously perform the delivery of the building of this case, and KRW 40,000,000.