1. The defendant is planted to the plaintiff on the ground indicated in the annexed Form (A) among the 1,958 square meters of C forest land in Gwangjuyang-si.

1. Basic facts

A. On July 27, 2013, the Plaintiff purchased D forest land 509 square meters (hereinafter “instant one”) and completed the registration of ownership transfer on July 31, 2013. On August 5, 2013, the Plaintiff purchased C forest land 1,449 square meters (hereinafter “instant two land”) and completed the registration of ownership transfer on August 6, 2013, and combined the instant one land on August 13, 2013 with the instant two land.

(hereinafter referred to as the “instant land”) 1,958 square meters of C forest land combined with the foregoing circumstances. B

The Defendant owns 2 girs (hereinafter referred to as the “instant trees”) planted in the part of the attached drawing indication (A) among the instant land, and constructs a warehouse (hereinafter referred to as the “instant warehouse”) in the part of (c) indication of the same drawing, etc., occupies and uses land of 152 square meters (hereinafter referred to as the “Defendant’s land”) on the land of (a), (b), and (c) part of (c) the same drawing indication, (a), (b), and (c) for the purpose of using the said land as a garden, ma, or the site of the

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3, result of survey and appraisal by appraiser E, purport of whole pleadings

2. Determination

A. According to the above facts, the defendant, as the owner of the land of this case, is obligated to collect the instant trees, remove the warehouse of this case, and deliver the land occupied by the defendant.

B. The Defendant’s assertion and its determination 1) The warehouse of this case and the land occupied by the Defendant were owned by the Defendant. The Plaintiff purchased the land occupied by the Defendant and its owner changed, thereby the Defendant acquired legal superficies under the customary law for the use of the warehouse in relation to the land occupied by the Defendant.

B. Even if legal superficies under the customary law on the land occupied by the Defendant do not exist, the land occupied by the Defendant by constructing the warehouse of this case and occupying the land occupied by the Defendant for at least 20 years with the intent to own the warehouse prior to 40-50 years.