1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant)’s share with respect to 11/12 shares, and the Defendant-Counterclaim Plaintiff’s share with respect to 1/12 shares.

A principal lawsuit and counterclaim shall be deemed to be combined.

1. Basic facts

A. On September 20, 200, the Plaintiff completed the registration of ownership transfer with respect to the area of 403 square meters (hereinafter “D”) in Daegu Northern-gu, Daegu-gu (hereinafter “Seoul-gu”).

After February 1, 2010, the area of the pertinent D land was 452 square meters due to the combination of the above D land E-gu, Daegu-gu, North-gu, 49 square meters.

B. On September 24, 1984, Defendant B completed the registration of ownership transfer as to F. 682 square meters adjacent to the above D’s land (the area was 1184 square meters due to the combination of G-Gu G-gu, Daegu, 26 April 26, 1999 and the area was 1184 square meters) and the registration of the ownership transfer as to the construction of 10 square meters and 62 square meters in the house for the evaluation of mentmen’s records of the ground, the building of 10 square meters, the building of 50 square meters in the place of business, the building of 87 square meters in place of business, the 57 square meters in place of business, and the building of 2bulba, the building of the evaluation building of Y-gu, Daegu, North-gu

On October 1, 2003, Defendant C received 1/12 shares of the above land and above-ground buildings from Defendant C, and completed the registration of ownership transfer on October 10, 2003.

C. Some of the buildings used by the Defendants are constructed by erosioning the above D land. The buildings are each buildings listed in the separate sheet (hereinafter “instant building”) and the part used by the Defendants is the land indicated in the separate sheet (hereinafter “instant land”).

[Reasons for Recognition] A without dispute, Gap evidence Nos. 1 and 2 (including a provisional number; hereinafter the same shall apply), Eul evidence Nos. 1 through 3, the result of the appraisal by the deputy governor of the Daegu Special Cadastral Headquarters of the Korea Intellectual Property Corporation, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff alleged that the Defendants occupied the instant land without permission, and sought a return of unjust enrichment equivalent to the rent from the removal of the instant building, the transfer of the instant land, and the possession and use of the instant land.

B. The Defendants asserted that the Plaintiff’s claim was dismissed on the ground that the Defendants acquired the part of the instant land by prescription, on the other hand, against the Plaintiff.