1. The Defendant’s KRW 74,082 as well as the Plaintiff’s annual rate from January 3, 2015 to April 10, 2018, and the next day.

1. Basic facts

A. On December 2, 1983, the Plaintiff, on October 29, 2015, changed the size of B forest No. 52,066 square meters into 53,467 square meters.

(2) On July 3, 2002, the registration of ownership preservation was completed on July 3, 2002 with respect to one-half shares of the pertinent land (hereinafter “instant land”). On April 7, 2006, the ownership was acquired solely by acquiring all shares due to the division of co-owned property.

B. B. Before the Plaintiff acquired the ownership of the instant land, the Army C&C affiliated with the Defendant has installed military installations, such as an individual housing 10 dong, 33 m2, and traffic 200 m2, and 1 m2,000 m2 on the instant land, respectively, and used them for military training, etc. until the time

C. On November 14, 2014, the District Compensation Council of the first group of Group 1 determined that “The Defendant’s C&C established the facts that 10 square meters and 33 square meters of personal housing were installed on the instant land from around 1983 to July 10, 2014, and the Republic of Korea appears to have occupied and used the instant land without permission from that time until that time.” However, on the ground that the State’s right to claim compensation incurred prior to July 11, 2009 had already expired by prescription prior to the application for compensation, the Defendant deemed that “the Defendant paid the Plaintiff KRW 368,166 due to the illegal occupation of the instant land from July 11, 2009 to July 10, 2014,” and the Defendant paid the Plaintiff money at that time.

[Grounds for recognition] Gap 1-2, Gap 5-6, Gap 12-20, Eul 2, and Eul 5-10, the purport of the whole pleadings

2. Determination

A. (1) The part of the Defendant’s possession (hereinafter “Defendant”) in the Army C&C under the Defendant’s assertion by the Defendant (hereinafter “Defendant”) has occupied the entire land of this case by installing military installations, such as personal protection, traffic protection, and chemical and biological protection facilities on the ground of the instant land.

(2) The term "examination possession" refers to an objective relationship in which the article is deemed to belong to the factual control of that person by social norms.