1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The plaintiff (Counterclaim defendant) is Daejeon.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Facts of recognition

A. On July 21, 1971, the Plaintiff acquired ownership by completing the registration of ownership transfer on the instant land.

The instant land was originally located in the Dong-gu Daejeon Special Metropolitan City, Daejeon Special Metropolitan City 112 square meters (hereinafter referred to as the “Dong-dong, Daejeon Special Metropolitan City hereinafter referred to as the “Ddong”). Around July 23, 2002, E large 25 square meters was divided into the instant land. Around June 23, 2003, F large 7 square meters was combined into the instant land, and the area of the instant land became a total of 94 square meters.

B. Meanwhile, on November 21, 1984, G acquired the ownership by completing the registration of ownership transfer as to the instant building on the H large scale 102 square meters and its ground. ① G was made on February 10, 2006, ② G was made to J on April 7, 2006, ③ J completed the registration of ownership transfer as to the instant land and the instant building on May 11, 2015, respectively, and the Defendant acquired the ownership as to the instant land and the instant building on May 11, 2015.

C. The total floor area of the instant building was 22.19 square meters originally, and its total floor area was 50.47 square meters due to the extension of 28.28 square meters around August 25, 1995.

On the other hand, the part of the instant building is constructed on the ground part of the instant land, which is the neighboring land of H land.

[Ground of appeal] In the absence of dispute, the part of the building of this case owned by the defendant of this case is constructed on the ground of the land of this case owned by the plaintiff of this case, and without permission of the defendant is occupying and using the part of the land of this case, the defendant of this case is occupying and using the part of the land of this case without permission.

Therefore, the defendant removed the part of the building of this case on the ground of the land in the dispute of this case to the plaintiff, delivered the part of the land in the dispute of this case to the plaintiff, and returned unjust enrichment due to the defendant's unauthorized occupation and use.