1. The Plaintiff (Counterclaim Defendant) completed the prescriptive acquisition on July 4, 1987 with respect to the Defendant (Counterclaim Plaintiff)’s 225 square meters in Seosan-si B, Seosan-si.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. As to the land of this case (hereinafter “instant land”), C shall complete the registration of ownership transfer on June 2, 1927 (fire 2 years), D shall complete the registration of ownership transfer on May 11, 1937 (fire 12 years), Plaintiff’s father E shall complete the registration of ownership transfer on September 28, 1959, and the Plaintiff’s registration of ownership transfer on June 6, 1989 due to inheritance by consultation division.

B. On January 1, 1965, the Seosan Land Improvement Cooperatives performed the business of installing G reservoir at the Filwon in Seosan City, and occupied the land of this case from that time by incorporating it into drainage, and occupied it from that time. As the rights and duties of the Seosan Land Improvement Cooperatives under the relevant Acts (the Rural Community Modernization Promotion Act, the Korea Agricultural and Rural Infrastructure Corporation and Farmland Management Fund, the Korea Rural Community Corporation and Farmland Management Fund, the Korea Rural Community Corporation and Farmland Management Fund) comprehensively succeeded to the Defendant through Seosan Farmland Improvement Cooperatives, the Korea Agricultural and Rural Community Corporation and the Korea Rural Community Corporation, the Defendant

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, Eul evidence 7 (including paper numbers), Eul evidence 4, 5 (including paper numbers), the purport of the whole pleadings

2. The allegations and judgment of the parties

A. The plaintiff asserts that the plaintiff is the cause of the principal claim of this case. Since the defendant occupies the land of this case as the drainage of G reservoir, the defendant asserts that he is obligated to deliver the land of this case to the plaintiff and pay the money calculated by the ratio of one million won per annum from April 30, 2008 to the completion of delivery of the land of this case as unjust enrichment.

In this regard, the defendant defense that he could not respond to the plaintiff's claim on the land of this case since the prescription period for possession has expired, and the plaintiff is obligated to implement the procedure for ownership transfer registration on July 4, 1987 with respect to the land of this case to the defendant by counterclaim.