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1. The Defendants are each indicated in the separate sheet No. 1, 2, 3, 4, 24, 25, and 1 among the size of 1,633 square meters in Gyeong-gun, Gyeongbuk-gun, Chungcheongnam-do.
Reasons
1. Basic facts
A. The Plaintiff owned the instant land.
B. On June 10, 2009, the Defendants: (a) completed the registration of ownership transfer with respect to 1/2 shares of forest E, 11,719 square meters surrounding the instant land (hereinafter “the instant forest”); and (b) owned the instant forest by sharing the instant forest land. Of the instant land, the Defendants occupied part of 147 square meters in a ship connecting each point of the following points in drawings 1, 2, 3, 4, 24, 25, and 1 of the instant land (hereinafter “part of land 1”).
(c) trees are planted in part of land 1;
[Ground of recognition] The fact that there is no dispute, Gap evidence Nos. 1 and 2, the result of the field inspection by this court, the result of the request for surveying and appraisal by the Korea National Land Corporation's branch offices, the purport of the whole pleadings
2. Determination
A. According to the above basic facts, the Defendants are obligated to collect trees planted on the ground level 1 and deliver the part of the first land to the Plaintiff. 2) Meanwhile, the Plaintiff asserts that the Defendants are also obligated to remove obstacles on the ground level 2 and deliver the part of the second land.
According to the result of the on-site inspection by this court and the result of the commission of surveying and appraisal to the branch offices of the Korea National Land Corporation, the part of the land of the second is the Defendants’ forest land owned by the Defendants, and the part of the land of this case owned by the Plaintiff at the lower end, and can only be recognized that crops, etc. were not planted on the slope of the above posts, and there is no evidence to deem otherwise that the Defendants occupied and used the part of the land of the second.
Therefore, we cannot accept this part of the Plaintiff’s assertion on a different premise.
B. As seen earlier, the Defendants occupied and used the part of the instant land owned by the Plaintiff, among the instant land owned by the Plaintiff.