1. All claims filed by the Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff) are dismissed.

2...

Facts of recognition

On May 2, 2016, the Plaintiff completed the registration of ownership transfer with respect to the real estate listed in the separate sheet (hereinafter “instant land”).

D On July 23, 1996, the Plaintiff completed the registration of transfer on the ground of donation on July 20, 1996, with respect to the Gyeonggi-do E-gun, 395 square meters (hereinafter “instant land”) located near the instant land, and its ground brick 83.2 square meters and 16.5 square meters (hereinafter “instant warehouse”).

Since then, the Defendant’s land and the warehouse of this case were transferred to F on February 14, 2005, and each ownership was transferred to G on April 3, 2013, and the ownership was transferred to the Defendants again on October 31, 2017.

Part of the warehouse of this case, among the instant land owned by the Plaintiff, intrudes on the part 12 square meters of “A” (hereinafter “the instant part”) in the ship connected in sequence with each point of indication 1, 2, 3, 4, 5, and 1 of the annexed drawings among the instant land owned by the Plaintiff.

(Reasons for Recognition) Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 3, the purport of the whole pleadings.

The Plaintiff Defendants asserted that the Plaintiff owned the instant warehouse without any title. As such, the Plaintiff Defendants owned a part of the instant warehouse owned by the Plaintiff, the part of the instant warehouse was removed, the Plaintiff’s land was transferred to the Plaintiff, and the land affected by the Plaintiff was transferred to the Plaintiff, and the Plaintiff paid unjust enrichment equivalent to the rent for the land calculated at the rate of KRW 300,000 per month from October 11, 2017 to the completion date of delivery of the said land.

The Defendants and the previous possessors of the Defendant’s land occupied the part of the instant invasion as their owner’s intent. Of the previous possessors, the statute of limitations for acquiring possession of the said part on July 20, 2016, which was 20 years after July 20, 1996, since 20 years since July 20, 2016, which began to occupy the part of the instant invasion.

G, at the time of completion of prescription, was the possessor of the above part of the crime, due to the completion of prescription for the plaintiff.