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

A. Attached Form 1, 2, 2. Of the area of 4,307 square meters in the preceding 4,307 square meters in Chungcheongnam-dong, Chungcheongnam-gun, Chungcheongnam-do.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On April 2, 2004, the Plaintiff completed the registration of ownership transfer with respect to the 4,307 square meters (hereinafter “Plaintiff’s land”) prior to Chungcheong-gun, Chungcheongnam-dong, Chungcheongnam-do.

B. On May 4, 2005, the Defendant completed the registration of ownership transfer with respect to 1,392 square meters (hereinafter “land prior to subdivision”) prior to D, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, and the said land was divided into 871 square meters prior to E on August 9, 2010 (hereinafter “each land divided”) and divided into lot numbers.

On the other hand, the land of the plaintiff and E are connected to each other.

C. Inboard (b) part 71 square meters (hereinafter “the instant dispute portion”) and the remaining land of the Plaintiff except the said part, which are linked in sequence to each of the items indicated in the annexed drawing Nos. 1, 2, 3, 4, 5, 6, 33, 32, 31, 30, and 1 among the Plaintiff’s land, trees are planted depending on the relevant boundary.

The Defendant used the dispute part of this case as dry field, and planted 3 glue tree, 1 glue tree, glue tree, 1 glue tree, and glueries on the ground, and installed one container warehouse.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, and 7 (including a branch number), witness F testimony, appraiser F, appraisal results by the Dong branch of the Korea Land Information Corporation, the purport of the whole pleadings

2. Determination as to the cause of the principal claim

A. According to the above facts, the defendant occupied the dispute part of this case in order to interfere with the plaintiff's exercise of ownership, and at the same time, the defendant obtained the profit of use equivalent to the rent for the dispute part of this case in addition, and suffered damages equivalent to the same amount as the plaintiff.

Therefore, barring special circumstances, the Defendant is obligated to collect or remove from the Plaintiff 3 glue tree, 1 glue tree, 1 glue tree, 1 glue tree, and 1 glue and container in the part of the instant dispute, and deliver the part of the instant dispute to the Plaintiff, and return unjust enrichment equivalent to the profits from the use of the part of the instant dispute.

B. Furthermore, regarding the scope of unjust enrichment that the Defendant should return to the Plaintiff.