1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

1. Basic facts

A. On March 6, 2004, E, the husband of the Plaintiff, completed the registration of transfer of ownership on the ground of sale on March 5, 2004, with respect to 17,587 square meters of G forest land in Gyeongbuk-gun G from F.

B. On January 22, 2007, E divided D forest land into 422 square meters (hereinafter “instant forest”) from 17,587 square meters of G forest land in Gyeongdong-gun, Gyeongdong-do. On January 22, 2007, E donated the instant forest land to the Plaintiff on the 23th of the same month, and completed the registration of ownership transfer on the 24th of the same month.

C. Defendant B owns, among the forest land in this case, one story cement block buildings (hereinafter “the instant building”) on the ground of 34 square meters in order to connect each point of 15 through 20, and 15 square meters in the annexed drawings among the forest land in this case, and Defendant C owns one story cement block buildings (hereinafter “the instant building”) on the ground of 73 square meters in order to connect each point of 21 through 30, and 21 square meters in the aforementioned drawings among the forest land in this case.

The Defendants are using and occupying a portion of 150 square meters on the ship connected in order to each point of 8 through 14, 28, 29, 29, 4, 30, 21, 20, 15, and 8 of the above drawings among the above forest land.

[Ground of recognition] The non-contentious facts, Gap evidence 1 through 7 (including branch numbers), Eul evidence 3, the result of the measurement and appraisal commission (including supplementary appraisal) to the head of the Doldong branch office of the court of first instance, the result of fact inquiry of the court of first instance about the head of Dollldong in the court of first instance, the purport of the whole pleadings.

2. Determination as to the cause of action

A. On April 2004, the Plaintiff filed a claim for removal and delivery due to the termination of the lease agreement. Around April 2004, the Plaintiff leased the instant forest land to Defendant B in KRW 50,000,000, without a lease term agreement, and Defendant B did not pay the monthly rent to Defendant E and the Plaintiff at all. Thus, the Plaintiff, a successor to the said lease, terminated the said lease by serving a duplicate of the instant complaint on the grounds of the delinquency in rent. As such, the Defendants possessing the instant forest, respectively, removed the instant housing and buildings.