1. The Defendant marks 2, 3, 4, 5, 6, 7, 8, and 2 of the annexed drawings among the land size 479 square meters in Busan Seo-gu B forest land in Busan.

1. The Plaintiff’s judgment on the cause of the claim is the owner of the forest land as indicated in the Disposition No. 1 (hereinafter “instant land”); and the fact that the Defendant occupied 145 square meters as indicated in the Disposition No. 1 of this case’s land among the instant land (hereinafter “instant land”). There is no dispute between the parties.

The Defendant is obligated to deliver the instant land to the Plaintiff as the owner.

2. Judgment on the defendant's assertion

A. (1) The defendant asserts that the plaintiff cannot exercise the right to use and benefit from the occupied portion of this case, considering the following circumstances.

Since the 1970s, the occupied portion of this case has been used as a naturally occurring road.

However, on April 22, 2002, the previous owner of the instant land (hereinafter “former owner”) divided the instant land into the 9,194 square meters of land in Busan Seo-gu C, Busan Seo-gu, Busan.

Since then, on February 14, 2003, the former owner filed for registration conversion on the ground that construction permission for D and E-ground F buildings near the land of this case was granted to the Plaintiff.

In addition, the former owner has donated a G road 434m2, H road 151m2, I road 132m2, J road 207m2, adjacent to the instant land (i.e., I and G form a road in combination with the instant occupied part), and obtained approval for the use of a building on July 29, 2004.

In the process of the division, registration conversion, contribution acceptance, and new construction of a building, the former owner did not raise any objection on the part of the possession of the building in this case to be used as a road.

The former owner renounced the right to use and benefit from the occupied portion of the instant case.

In addition, the Plaintiff, who specifically succeeded to the ownership of the former owner, acquired the ownership with the knowledge that there is a limitation on the use and profit, is prohibited from exercising the right to use and profit from the possession of the instant land.

Sheshel dials, any of the reasons is naturally occurring or proposed road sites.