1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The Plaintiff (Counterclaim Defendant) permanently resides with the Defendant (Counterclaim Plaintiff).

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

Basic Facts

On October 10, 1919, the Plaintiff’s Cho Man-jin purchased D’s approximately nine hundred and twenty-six (hereinafter “D’s land before this case’s subdivision”) before permanent residence, and completed the registration of ownership transfer on the same day, and thereafter died on April 21, 1951.

On June 24, 1994, the network E, the plaintiff's reference, succeeded to the network C alone, and died thereafter.

On the other hand, on March 11, 1920, the land B before the instant subdivision was divided into F 105 square meters (hereinafter “F land before the instant subdivision”) and four parcels at the time of permanent residence. On July 20, 1925, the F land before the instant subdivision was subdivided into B B 142 square meters (hereinafter “instant land”). On the same day, the land category of the instant land was changed to “road”; thereafter, the area of the instant land was changed to 142 square meters to 469 square meters due to the unit alteration.

The detailed division details of F land before the division of this case and the transfer details of ownership are as shown in the attached Form.

Since the Defendant determined and announced the instant land as a first-class 7 line and second-class 2 line in the H urban planning road as a H urban planning road according to G announced by the Ministry of Construction on May 15, 1965, the Defendant occupies and uses all of the instant land as part of the said road until now.

On November 15, 2017, the Plaintiff and co-inheritors agreed on the division of inherited property with the purport that the Plaintiff would inherit the instant land. On November 17, 2017, the Plaintiff completed the registration of ownership transfer on the instant land due to inheritance by consultation and division on April 21, 1951.

[Ground of recognition] The facts without dispute, Gap's evidence Nos. 1 through 9, Eul's evidence Nos. 1 through 31 (including each number), the purport of the whole pleadings, and the purport of the purport of the whole pleadings, are as follows: the plaintiff's defendant gains a considerable amount of rent by occupying and using the land of this case owned by the plaintiff without any legal cause, and causes damages equivalent to the plaintiff's amount of rent. Thus, the defendant is reasonable to the plaintiff's rent of the land of this case.