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1. The Defendant shall deliver to the Plaintiff B forest land No. 249m2 and C forest land No. 557m2.
2. The costs of the lawsuit are assessed against the defendant.
Reasons
1. Basic facts
A. The registration of preservation of ownership was completed on July 7, 1960 with respect to the D 7 parts of D forest in Sung-si (hereinafter “D forest before division”) before the division. With respect to the shares of 2092/19350 among the above forest land, the Defendant’s name was on the ground of “sale on April 6, 1957” on March 11, 1969; F’s remaining shares were 8629/19350 square meters through GH and I; the Plaintiff’s ownership transfer of the forest was divided into 600 square meters in the Plaintiff’s name on December 11, 201, 200, 300 square meters in the Plaintiff’s name on the ground that “the remaining shares of E are 8629/19350,000 square meters in each of the instant forest land; 30,000 square meters in each of the instant forest land divided into 94,000 square meters in each of the instant forest land.”
C. On the other hand, the N reservoir started the construction of the N reservoir at Gwon in Ywon for the purpose of gathering agricultural water for the purpose of August 1956 and started the construction on May 31, 1963, and is the farmland improvement facility of 3,000 Mon Ri area as completed on May 31, 1963. Each forest of this case is located below the water surface of the N reservoir and is occupied and used as the water surface of the N reservoir.
[Ground of Recognition] Facts without dispute between the parties, Gap evidence Nos. 1, 5, Eul evidence Nos. 6 through 10 (including each number), the purport of the whole pleadings
2. Determination
A. According to the above facts of determination as to the cause of the claim, the defendant is obligated to deliver each of the instant forest land to the plaintiff, unless there are special circumstances.
B. The defendant's defense was known at the time of the partition of co-owned forest of this case to the effect that each of the forest of this case was locked into the N reservoir only. The defendant's forest of this case is each of the forest of this case.