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

(a) Attached drawings of the fourth floor of the building listed in the attached list of real estate;

1. The principal lawsuit and the facts constituting the counterclaim;

A. Nonparty D newly constructed a multi-family house of a third-story building on the ground in Gwangjin-gu Seoul Special Metropolitan City, and completed the registration of ownership preservation on October 20, 1997. At that time, the stairs and water tank part on the rooftop was 20.51 square meters, but water tank was not required due to water pressure strengthening construction, and it was illegally created a roof tower after extension of 10.20 square meters and used for residential purposes. Of that part, the part except stairs is 20.21 square meters inside the ship connected each point of 1, 2, 3, 44 and 1 (hereinafter “the instant roof tower”).

B. Around August 18, 1999, D transferred the ownership of the above building to Defendant C. On March 23, 2000, the Defendant converted the entire building into a multi-household house which is an aggregate building and sold it to an individual household. On March 24, 2000, the aggregate building register was prepared as of March 24, 200 (No. 3) with respect to the entire building (the above aggregate building register was written as stairs and water tank 20.51 square meters, and the above aggregate building register was excluded from total floor area.

The defendant exercised his right as owner by occupying the rooftop part of this case as it is, and leasing it to others.

C. On October 9, 2001, the Defendant completed the registration of ownership transfer from sale as to No. 202 of the first floor of a building with F, and F completed the registration of ownership transfer from sale to G on March 7, 2007, respectively. On January 15, 2014, a half of each testamentary gift was made to the Plaintiffs.

According to the Act on Special Measures for the Adjustment of Specific Buildings, the plaintiffs obtained the consent of each sectional owner on the above rooftop part, and obtained the approval for use of the above rooftop part as multi-household house around January 2015 from the competent authority.

또한 집합건축물대장에 건물 제1층 제202호에 『4층 연와조 다세대주택 20.21㎡』을...