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

A. Of the area of 350 square meters in Northern-gu, Northern-gu, Pohang-si, the annexed drawings (I), 1, 2, 3, 4, 4.

1. Facts of recognition;

A. The Plaintiff is a person who completed the registration of ownership transfer on June 22, 2005, on the ground of sale on March 11, 2005, with respect to the 350 square meters in North-gu, Northern-gu, C, 350 square meters (hereinafter “the instant land”) and the ground wooden tank, 62.48 square meters in the bridge, 62.48 square meters in the bridge, light iron bars, and 28 square meters in the bridge, a single-story general 28 square meters in the bridge (hereinafter “instant building”). The Defendant is a person who completed the registration of ownership transfer on June 22, 2005, and the Defendant is a person who completed the registration of D large 175 square meters (hereinafter “the instant 2 land”) and cement block 19.2 square meters in the 19.2 square meters in the blue roof and the cement block 79.25 square meters in the blue roof (hereinafter “the instant building”).

B. Of the instant building No. 2 owned by the Defendant, 4 square meters of the instant building is constructed on the part of the instant land No. 1 owned by the Plaintiff, which was connected in sequence with each point of land No. 1, 2, 3, 4, and 1 among the instant land No. 1 owned by the Plaintiff. Of the instant building No. 1 owned by the Plaintiff, 2 square meters among the instant land No. 2 owned by the Defendant is constructed on the part of “A” on the ground of “A” among the instant land owned by the Defendant.

C. The Defendant used the building of this case 25 square meters out of the land of this case owned by the Plaintiff, which was connected with each point of the annexed drawing (Ⅱ) 1, 2, 3, 4, 5, 6, and 1 among the land of this case owned by the Plaintiff, without constructing the building of this case, and 21 square meters are used as a garden.

[Ground of recognition] The facts without dispute, Gap evidence 1-1, 2, 2 through 6, evidence 7-1, 2, 8 and 9-1, 2, 8 and 9, Eul evidence 6 and the fact inquiry results with respect to the Korea Intellectual Property Corporation's Daegu North Korea Port Office, the purport of the whole pleadings

2. Determination on removal, delivery, and claim for return of unjust enrichment in the principal lawsuit and counterclaim

A. According to the facts of the judgment on the principal lawsuit, the defendant, as the owner of the building No. 2 of this case, removed the building as described in the Disposition No. 1, and ordered the removal of the disturbance.