1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)

A. The attached Form 2 marks 1, 1, 2, 3,00 square meters among the attached Form 126 square meters in Geumsan-gun, Chungcheongnam-gun.

1. Facts recognized;

A. The Plaintiff is an owner who completed the registration of ownership transfer on December 14, 1994 on the land of 1,590 square meters and C large 126 square meters (hereinafter “Plaintiff’s land”) with respect to the land of 1,590 square meters and C large 126 square meters (hereinafter “Plaintiff’s land”).

B. The Defendant husband purchased a F 59 square meters and G 84 square meters (hereinafter “Defendant’s land”) that are adjacent to the Plaintiff’s land and completed the registration of ownership transfer on January 13, 1990. Around that time, the Defendant husband constructed a new building on the Defendant’s land as indicated in attached Table 1 (hereinafter “instant building”) on the Defendant’s land, and operated a restaurant with H’s trade name.

C. The Defendant husband donated the instant building and the Defendant’s land to the Defendant on November 28, 2007 due to the gift made on November 22, 2007.

However, as indicated in paragraph (1) of this case, the appraisal map of (2) attached Form 1, 2, 3, 4, and 1, connected each point of (1) section of concrete retaining wall and the appraisal map of (2) attached Form 5, 6, 7, 8, 11, and 5 are connected in order to each point of (2) section of the building of this case which is part of the building of this case and the appraisal map of (2) 8, 9, 10, 11, and 8, connected each point of (3) section of the building of this case, each point of which is indicated in attached Form 1, 2, 3, 4, and 1, is constructed in line with the Plaintiff’s land.

E. The sum of rent from December 1, 2007 to August 31, 2017 of the Plaintiff’s land corresponding to the instant bed part (hereinafter “the instant bed land”) is KRW 4,516,890, and rent from September 1, 2017 is the amount calculated at the rate of KRW 45,510 per month.

[Ground for Recognition: Facts without dispute, Gap 1, 2 evidence, Eul 1 through 7 (including each number), each appraisal result, the purport of the whole pleadings]

2. Determination on the claim

A. According to the above facts, the Defendant did not have the right to possess the affected land of this case, and the Defendant did not have the right to possess the affected land of this case to the Plaintiff, the owner of the Plaintiff’s land.