1. The defendant (Counterclaim plaintiff) receives KRW 60,000,000 from the plaintiff (Counterclaim defendant) and at the same time a list of real estate attached thereto.

Basic Facts

On May 28, 2014, the Defendant: (a) leased 1,230 square meters (hereinafter “instant land”) out of 5,236 square meters (hereinafter “instant contract”) from the Plaintiff on May 28, 2014, the period from May 28, 2014 to May 27, 2016; (b) agreed that the Defendant would return the farmland charges paid to the competent authority under the Plaintiff’s name when the lease period expires.

(hereinafter “instant lease agreement.” After the conclusion of the instant lease agreement, the Defendant sold construction materials, such as the Stip Panel, on the land under the instant contract, by performing civil and electrical construction works equivalent to approximately KRW 17 million.

On the other hand, on July 30, 2015, among the land of this case, 3,512 square meters among the land of this case was divided into D, and 736 square meters into E. Of the said D land, ① is 235 square meters into F, June 15, 2016; ② is 622 square meters into G, October 21, 2016; ③ is 50 square meters into H, April 13, 2017.

At present, the land listed in the attached list (hereinafter “instant land”) which was part of the land under the instant contract is located above the facilities listed in paragraph (1) of the disposition of the Defendant (hereinafter “each of the instant facilities”).

[Ground of recognition] In the absence of dispute, Gap 1, 2, 3 evidence (including each number), Eul 1-4, witness I's testimony, and the result of the commission of surveying and appraisal to the Korea Land Information Corporation, the plaintiff's assertion that the whole purport of the argument of the parties to the lease contract of this case is terminated at the expiration of the lease contract of this case. Thus, the defendant is obligated to remove each facility of this case remaining on the land of this case and deliver the land of this case to the plaintiff.

In addition, since the Defendant illegally occupies and uses the instant land after the termination of the instant lease agreement, it is unjust enrichment thereby, which falls under monthly rent from May 28, 2016 to the completion date of delivery of the instant land.