1. The Defendant (Counterclaim Plaintiff; hereinafter the Defendant) against the Plaintiff (Counterclaim Defendant; hereinafter the Plaintiff),

A. 5,037.

1. Basic facts

A. On February 22, 1965, the Plaintiff completed the registration of transfer of ownership based on sale with respect to B 1,547 square meters (hereinafter “instant land”).

나. 피고(당시는 ‘구 여천군’)는 1969년경 이 사건 토지 중 별지1 도면 표시 ㅍ¹, ㅎ², ㄱ³, ㄴ³, ㄷ³, ㄹ³, ㅁ³, ㅂ³, ㅌ, ㅍ, ㅎ, ㄱ¹, ㄴ¹, ㄷ¹, ㄹ¹, ㅁ¹, ㅂ¹, ㅅ¹, ㅇ¹, ㅈ¹, ㅊ¹, ㅋ¹, ㅌ¹, ㅍ¹의 각 점을 순차로 연결한 선내 부분 566㎡(이하 ‘이 사건 편입토지’라 한다) 및 그 주변 토지에 농업용수 공급을 목적으로 저수지를 축조한 후 그 무렵부터 현재까지 이를 점유관리하고 있다.

C. From acquiring the ownership of the instant land to from 2007, the Plaintiff paid the entire amount of property tax equivalent to the instant land including the instant incorporated land.

The rent from January 1, 2011 to September 30, 2016 of the incorporated land is KRW 5,037,400, and the monthly rent is KRW 86,790 from January 1, 2016 to September 30, 2016.

[Ground of recognition] Facts without dispute, Gap 1 to 6 evidence, results of a survey and a request for appraisal of rent, the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the principal lawsuit, the Defendant occupies and uses the land incorporated into the instant case without any legal cause. As such, the Plaintiff, the owner of the instant land, is obligated to return unjust enrichment equivalent to the rent calculated by the ratio of KRW 5,037,40,00, from January 1, 2011 to September 30, 2016, and from October 18, 2016 to the date on which the Defendant’s possession of the land incorporated into the instant land or the date on which the Plaintiff’s ownership is lost, as sought by the Plaintiff.

3. Judgment on the defendant's defenses and the grounds for counterclaims against the principal lawsuit

A. Determination as to the assertion on the acquisition by prescription of possession (1) The defendant is the landowner at the time of constructing a reservoir on the incorporated land of this case.