1. Of the judgment of the court of first instance, the part against the plaintiff ordering payment shall be revoked.

The defendant shall make the plaintiff 10,326.

1. Basic facts

A. A. On March 24, 1999, the Plaintiff: (a) around 24, 1999, leased the Plaintiff’s 384 square meters prior to Kimcheon-si B (hereinafter “instant land”); (b) and (c) 29,722 square meters prior to C, owned by the Plaintiff (hereinafter “instant land”; and (c) and D forest land’s 707 square meters equal to the instant land (hereinafter “each of the instant land”); (d) monthly renting KRW 1.5 million; and (e) from March 24, 199 to 24 months.

B. The Plaintiff filed an application for provisional disposition against the Defendant for the prohibition of entry into each of the instant lands with the Daegu District Court Kimcheon Branch, 2002Kahap45, and on December 18, 2002, the said court rendered a decision in lieu of conciliation that “the Defendant may use each of the instant lands and its neighboring land by March 31, 2003, and pay KRW 3 million per month during the period of use,” and the said decision became final and conclusive as it is.

C. Since then, the Plaintiff leased each of the instant land to the Defendant by setting the rent of KRW 4 million per month from April 1, 2003 to March 31, 2004.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, 5, Eul evidence 23-3, the purport of the whole pleadings

2. The plaintiff's assertion

A. The Defendant: (a) deposited concrete packaging on the part (B) on the ground of 159 square meters on the part (B) connected with each point of the attached Table 1 among the instant land in sequence with the marks indicated in the attached drawing Nos. 2, 3, 12, 13, 14, 6, 7, 11, 10, 10, and 2; and (b) occupied the land for use as a road; (b) attached Table Nos. 22, 34 through 41, 15, 16, 42 through 25, 18, 12, and 22 of the instant land in sequence; and (c) owned a concrete packaging on the part (B) of the instant land in sequence with each point of the attached Table Nos. 21 through 15, 41, 39, 37, 35, 34, 32, and 231 square meters in sequence among the instant land.

B. Therefore, the defendant is the owner of each land of this case, who is excluded from interference based on ownership.