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

(a) Attached Form 2 of each real estate listed in the Schedule of Attached Form 1;

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. The Plaintiff is the head office of the Korea Buddhist Cho Jae-sung D, whose registration of initial ownership was completed on March 7, 1972 and on January 30, 1989 on real estate listed in the attached Form 2 List No. 1, 1972.

(hereinafter referred to as “instant land”). B.

On the land of this case, the legal party, bond, warehouse (hereinafter “instant inspection”) stated in the annexed Form (2), which is an individual inspector, has been constructed without permission.

C. In around 1916, E created the instant inspection under the name of “F,” and thereafter, the status of the building owner and the property right of the inspection were transferred in succession to H following G around 1985.

In around 1985, H extended the “F” to the present size, and changed the name of the inspection to “I”. The Defendant was transferred the status and property rights to the instant inspection from H around September 16, 2007. At present, the instant inspection is occupied and used for religious purposes, and the site of the instant inspection is occupied.

E. The instant temple was not registered in the Plaintiff’s Order.

[Ground of recognition] Facts without dispute, Gap evidence 2, 4 and Eul evidence 3 to 10 (including each number), the video, the result of the survey and appraisal conducted by the appraiserJ, the purport of the whole pleadings

2. Determination on the main claim

A. (1) The Plaintiff’s assertion (1) asserts that, based on the ownership of the instant land, the Plaintiff sought removal of the instant temple and delivery of the said site against the Defendant, who is an unauthorized occupant of the instant temple site.

In addition, even if a loan contract for use was concluded on the land of this case, the defendant's possession is an unauthorized possession since the contract for use was terminated in accordance with Article 613 (2) of the Civil Code.

(2) The defendant's assertion is ① the construction of the instant temple.