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1. The Defendant (Counterclaim Plaintiff) together with the Plaintiff (Counterclaim Defendant)
(a) Of the lands listed in Attachment 1, paragraph 1;
Reasons
A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.
1. Facts of recognition;
A. On December 1, 1997, the registration of ownership transfer was completed in the name of the Plaintiff with respect to the land listed in Paragraph (1) of the Attached List No. 1 (hereinafter “instant land”).
B. The Defendants are owners of land D and E located adjacent to the instant land. Since December 1, 1997, a vinyl house owned by the Defendants, the main location of which is each of the said land, is located in the same area as the owner of land D and E, and from around December 1, 1997, the Defendants occupied the part (B) and 209 square meters (hereinafter “part (B) connected in sequence to each of the points of (b) of the instant land, which are located in the order of 32, 31, 4, 5, 6, 7, 8, 8, 9, 10, 33, and 32, indicated in the attached drawing 1. 34, 12, 35, and 34 square meters (hereinafter “part (c) of the instant land”).
C. From December 1, 1997 to March 17, 2017, the sum of the rents equivalent to (B) 1,551,900 won, and the monthly rents of KRW 7,500 for the period of March 17, 2017, and the sum of the rents equivalent to (c) from December 1, 1997 to March 17, 2017, is KRW 67,000, and the monthly rents of KRW 330 for the period of March 17, 2017.
[Ground of recognition] 1-3 Evidence Nos. 1-3 (including paper numbers), the branch office of the Korea Land and Information Corporation, the office of the Seoul Land and Information Corporation, each entrustment of appraisal to the North Korean branch office before the Pacific Appraisal Corporation, the purport of the whole pleadings
2. According to the above facts of determination as to the cause of the principal claim, barring special circumstances, the Defendants are jointly obligated to remove the Plaintiff, the owner of the land of this case, with the land of this case, and deliver each of the above parts of the land, and pay the amount of unjust enrichment equivalent to the difference between the two paragraphs from December 1, 1997 to the completion date of delivery of each of the above lands.
3. Judgment on the grounds of defense and counterclaim against the principal lawsuit
A. The Defendants asserted that the Defendants primarily purchased the parts of paragraphs (b) and (c) from the Plaintiff on February 14, 2007 from the Plaintiff in KRW 1,200,000.