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1. The Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff)
A. Annex 1, 2.2 of the attached Form No. 1, among the area of 327.3 square meters in the Jeonju-si Seoul Metropolitan City.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Facts of recognition;
A. On October 15, 1980, the network D completed the registration of transfer of ownership on the land of this case on April 22, 1981 with respect to the remaining 24/99 shares on October 7, 1980 with respect to the 75/99 shares out of the 327.3 square meters (hereinafter “the land of this case”). The Defendant completed the registration of transfer of ownership on the land of this case on March 19, 2004 by agreement and division on February 17, 1992.
B. The Plaintiff’s Siberter E constructed a building without permission on the instant land on the part as indicated in the paragraph (d) and (e) (hereinafter “the instant land”) and the part as indicated in the paragraph (d) and (e) (hereinafter “the instant part”), 17.2 square meters out of F, and 1.7 square meters out of G land (hereinafter “instant building”). The Plaintiff is running a restaurant in the instant building from September 15, 1982 to September 15, 1982.
C. From August 1, 2005 to July 31, 2015, the rent is KRW 67,848,200, and the monthly rent in the year 2015 is KRW 1,690,430.
[Ground of recognition] Unsatisfy, Gap evidence 1-1, 2, 3, Gap evidence 4, Gap evidence 5-1, 2, and 3-2, and the result of appraiser H's appraisal of rent, the purport of the whole pleadings
2. Determination as to the cause of the principal claim
A. (1) The Plaintiff asserted that the Plaintiff: from September 15, 1982, the network E occupied the instant part of the land by constructing a new building on F land adjacent to the instant land and G land without permission. Since September 15, 1982, the Plaintiff occupied the instant part of the land by owning the instant building and operating a restaurant at a certain point.
Therefore, the Plaintiff, from March 11, 1995, occupied the part of the instant land for twenty (20) years, and thereby the acquisition by prescription was completed on March 11, 2015. Therefore, the Plaintiff filed for the registration of ownership transfer against the Defendant as to the part of the instant land.
(2) Defendant: Plaintiff’s objection.