1. The Defendant (Counterclaim Plaintiff) is among the Plaintiff (Counterclaim Defendant, the appointed party) and the designated parties, who are not less than 887 square meters in the Chungcheongbuk-gun C.

1. Basic facts

A. On January 3, 2013, the Plaintiff (Counterclaim Defendant, the appointed party, the Plaintiff et al.) and the appointed party (hereinafter, the Plaintiff et al.) acquired the ownership of 887 square meters (hereinafter, “instant land”).

B. The Defendant (Counterclaim Plaintiff, hereinafter the Defendant) owned 65.28 square meters of a unit of D-ground ment block building and a unit of 65.28 square meters (hereinafter the instant building) prior to the Plaintiff’s acquisition of ownership of the instant land, and used the part (B) of the instant land, which connects each point of 184 square meters of the attached drawing 1, 2, 3, 4, 5, 5, 5, 6, 7, 7, 9, 9, 90, 180 square meters, among the instant land.

C. The instant building is located over 4 square meters in the part inside the instant building, which was connected in sequence to each point of Annex 27, 5, 29, 28, and 27 among the instant land, by breaking the boundary between the instant land and the instant land. The Defendant occupied and used part (A) and 29 square meters in the ship connecting each point of Annex 1 among the instant land as the instant building site in sequence.

Of the instant land, annual rent from January 3, 2013 to 29 square meters is KRW 103,00, and the annual rent from January 3, 2013 to 184 square meters is KRW 253,00.

[Ground of recognition] The fact that there is no dispute, Gap 1, 4, and Eul 2-1, each entry of evidence Nos. 1, 2-1, the result of this court's request for measurement and appraisal of the director of the Korea Intellectual Property Office, the result of the appraiser E's appraisal and appraisal, the whole purport of the pleading

2. Determination as to the claim on the principal lawsuit

A. According to the facts found in the above part of the claim for removal of building, delivery of land, and unjust enrichment, the Defendant is obligated to remove the part of the building of this case, which was connected to the Plaintiff, etc. on the ground of 4m2 of the part inside the ship connected to each point of 27, 5, 29, 28, and 27 of the land of this case, among the land of this case, and to deliver the (a) part (a) connected to each point of 29m2 in order to the Plaintiff, etc. among the land of this case.