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1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)
(a) Attached 2 drawings constructed on the real estate listed in the Schedule 1.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Facts of recognition;
A. The Plaintiff, on October 4, 2004, donated from C on October 4, 2004, the Plaintiff completed the registration of ownership transfer on the said land on October 11, 2004.
B. From February 20, 1981, the Defendant owned a mentmenbener and a branch-bed housing on the land E, Seosan City, a neighboring to the instant land. The Defendant, as described in paragraph (1) of this Article, owns each of the above houses, fences, trees, and booms on the instant land, and occupies and uses 80 square meters out of the above land.
C. Meanwhile, during the period in which the Defendant occupied the instant land, the monthly rent is as follows.
On January 1, 2004, 1775 284,000 on January 1, 2005 1, 2005 121,874,880 on January 1, 2006 2394, 298, 240 on January 1, 2007; 26012,42,425,920 on January 1, 2007; 260,53,53,60 on January 1, 208; 205,50 on the aggregate of 12,53,50 on the appraisal; 16,53,60 on January 1, 200, 205; 16,50 on the aggregate of 16,53,50 on the appraisal;
2. Determination
A. According to the facts of recognition prior to the determination as to the cause of the principal claim, the Defendant shall, barring special circumstances, remove the housing, fence, tree, and stowing owned on the instant land, and deliver to the Plaintiff the portion 80 square meters for which the Defendant’s respective possessions are settled among the instant land, and (2) as sought by the Plaintiff, the Defendant shall pay to the Plaintiff damages for delay calculated at the rate of 20% per annum from November 1, 2004 to August 31, 2014 for the amount of 80 square meters out of the instant land, as well as from August 26, 2014, the following day after the delivery of the copy of the application for change of the purport of claim and the cause of claim as of August 26, 2014, which is the day after the delivery of the copy of the application for change of the cause of claim.