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1. The defendant shall be the plaintiff.
A. Of the 2,290 square meters of the forest land in Ansan-si, each point indicated in the separate sheet No. 48,50, 49 shall be in sequence.
Reasons
1. Facts of recognition;
A. The Plaintiff acquired ownership of 8,629/19,350 shares among 2,290 square meters of land in Ansan-si (hereinafter “instant land”), and completed the registration of transfer of ownership in the name of the Plaintiff as to all remaining shares of the instant land under the name of Suwon District Court No. 23817, Jun. 18, 2009.
B. Around 2007, the Defendant installed the iron pents (hereinafter “the instant iron pents”) in the line that connects each point of 48,50,49, and the line that connects each point of 51, 57, and 57, indicated in the annexed drawing among the land of this case, each of which was connected with each point of 48, 47, 46, 49, 50, and 48, indicated in the annexed drawing. From around 207, the Defendant used the portion of (A) part (B) in the line that connects each point of 51 to 57, 14, 13, and 51, which are indicated in the same drawing as the part of (B) of the land of this case, to the point of 3 square meters in sequence, and from around 2007, the portion of the land of this case was occupied and used as the dispute over the land of this case.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 4, 5, 6, 10 and the purport of the whole pleadings
2. Determination
A. 1) Determination on the cause of the claim, the duty to remove and deliver, and the occurrence of liability for damages, the Defendant installed the instant steel fence and occupied the instant dispute land without permission. Therefore, barring any special circumstance, the Defendant is obligated to remove the instant steel fence, remove miscellaneouss, and deliver the instant dispute land to the Plaintiff to the Plaintiff seeking for the removal of interference based on the ownership of the instant land and the return of the property owned, and for compensation for damage caused by illegal possession, barring any special circumstance. Since the date of acquisition of ownership, the Defendant is obligated to compensate the Plaintiff for the damages equivalent to the rent for the instant dispute land from October 18, 201 to October 17, 2014, which the Plaintiff seeks from the date of acquisition of ownership.