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

(a) deliver the real estate listed in Appendix 1 List 1;

(b) 58.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On May 21, 2001, the Plaintiff completed the registration of ownership transfer based on inheritance by consultation and division on December 2, 2000 with respect to each building listed in [Attachment 1] Paragraph (1) of [Attachment 1 (hereinafter “instant building”) and the land listed in Paragraph (2) of the same List (hereinafter “instant land”).

B. The Defendant newly constructed on the instant land the brick 20 square meters (hereinafter “the instant railway room”) of the 20 square meters of the brick gate (abridge), which connects each point of the annexed drawing Nos. 48, 49, 50, 51, and 48 in sequence with the annexed drawing Nos. 2 on the instant land, and from around 202, occupied and used the instant building.

C. On the other hand, the instant building, unlike the entry in the public record, is in fact located on the land of Gyeonggi-gu, Gyeonggi-do, Gyeonggi-do, 1340 square meters owned by a school foundation.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2 and 5 (including branch numbers in case of provisional number), Gap evidence Nos. 4-1 and 2, the result of this court's request for measurement and appraisal of appraiser D, the purport of the whole pleadings

2. Determination on the main claim

A. According to the above facts, the defendant occupies the building of this case, and owned the demonstration of this case on the ground of the land, thereby hindering the plaintiff's exercise of ownership. Thus, barring any special circumstance, the defendant is obligated to deliver the building of this case to the plaintiff, remove the demonstration of this case, and deliver the land to the plaintiff. In addition, according to the above facts of recognition, the defendant obtained a profit equivalent to the rent for the building of this case by occupying and using the building of this case, and thereby incurred a loss equivalent to the same amount to the plaintiff. Thus, barring any special circumstance, the defendant occupied the building of this case and occupied the building of this case from January 1, 2006 to December 31, 2015, as sought by the plaintiff.