1. The Defendant (Counterclaim Plaintiff)

A. From November 13, 2016 to January 10, 2018, Plaintiff A with respect to KRW 96.2 million and its amount.

1. Basic facts

A. The Plaintiff A is the mother of D and the Defendant, and the Plaintiff B is the grandchildren of Plaintiff A as his father and mother.

B. On November 12, 1996, Plaintiff A acquired the instant land and building (the real estate indicated in the attached list, hereinafter collectively referred to as “instant real estate”) and leased part of the building to use and profit from it. The Defendant occupied the instant building 102 around 2003 and had managed the instant building by entering into a lease agreement with the lessee of the instant building under the Plaintiff’s name and receiving rent or deposit from the Plaintiff.

C. On July 2, 2016, Plaintiff B purchased the instant real estate from Plaintiff A in the amount of KRW 650 million, and paid KRW 350 million, deducting the total amount of lease deposit of the existing lessee, as the purchase price, and completed the registration of ownership transfer on August 1, 2016.

[Reasons for Recognition] A without dispute, Gap evidence Nos. 1-13, Eul evidence No. 2, the purport of the whole pleadings

2. As to the principal lawsuit

A. The plaintiffs' assertion 1) The building No. 102 et al. of this case is 102 et al., and other building parts are specified only by the number of houses.

(1) Since the Defendant agreed to pay the Plaintiff KRW 90,000,000 for monthly rent from August 1, 2013 to July 31, 2016 (i.e., the period before the expiration of the three-year extinctive prescription since the Plaintiff lost its real estate ownership), the Defendant is obligated to pay KRW 32,40,000 (i.e., KRW 90,000 x 36 months) for the rent due to the occupancy and use of the real estate (i.e., the period before the expiration of the three-year prescription period from the time the Plaintiff lost its real estate ownership). Even if the rent agreement is not recognized, the Defendant occupied and used subparagraph 102 without any legal cause. As such, the Defendant occupied and used subparagraph 102, the amount of KRW 410,00 (the lease deposit held by the Defendant) 】 8.2% (the monthly rent before the Korean Appraisal Board ± 12 months ± 12 months 】 4.214 million won for the year period of unjust gains (i.