1. Revocation of the first instance judgment.

2. The plaintiff (Counterclaim defendant)'s claim on the principal lawsuit is dismissed.

3. The plaintiff (Counterclaim defendant).

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. C completed the registration of ownership transfer on October 14, 1948 with respect to each of the lands listed in the separate sheet (hereinafter “each of the lands of this case”, and if each of the lands is named separately, the parcel number shall be attached) out of 1609/4531 shares.

B. On December 31, 1971, the Plaintiff completed the registration of ownership transfer with respect to shares 961/4531 of each land of this case (hereinafter “Plaintiff’s shares among each land of this case”).

C. D completed the registration of ownership transfer with respect to the portion of 1961/4531 among each of the instant lands registered under G on April 23, 1975, and D completed the registration of ownership transfer with respect to the said share, D’s registration of ownership transfer with respect to the said share on April 24, 1989, I’s registration of ownership transfer with respect to July 28, 1997, and the registration of ownership transfer with respect to the Defendant’s name on February 11, 1998.

After completing the registration of transfer of ownership with respect to shares 1961/4531 among each land of this case, the Defendant occupies and cultivates the entire land of this case until now.

[Ground of recognition] Facts without dispute, Gap evidence 2, Eul evidence 3, Eul evidence 6-1, Eul evidence 6-1, F of the first instance trial witness, E's testimony and purport of whole pleadings

2. The plaintiff's judgment on the plaintiff's main claim is that the plaintiff's share in each of the lands of this case is owned, and the defendant occupies and uses the whole land of this case as seen earlier.

According to the above facts, the defendant, as unjust enrichment, is obligated to pay to the plaintiff the amount equivalent to 961/4531 of the share of the plaintiff out of the rent of each of the lands of this case and damages for delay.

3. Judgment on the defendant's defense and counterclaim

A. The defendant's assertion D purchased the entire land of this case from G, C, and the plaintiff at the time of April 23, 1975. After E purchased the entire land of this case around October 198 (However, the registration name was completed on April 24, 1989) and the defendant again purchased each land of this case from E.