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

2. The Defendant (Counterclaim Plaintiff) added at the trial.

1. The facts of recognition;

2. Determination and determination on the principal claim

3. The reasoning of the judgment of the court concerning the defendant's assertion and the main counterclaim is the same as that of the judgment of the court of first instance. Thus, this part of the judgment is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

4. The defendant's assertion on the main claim and the conjunctive counterclaim

A. The Defendant’s assertion increased the value of each of the buildings of this case from around December 1997 to around December 20, 2012, and thus, the Defendant cannot deliver each of the buildings of this case to the time the present value of each of the buildings of this case is repaid. The Defendant sought reimbursement of beneficial costs with the instant preliminary counterclaim.

B. Article 203(2) of the Civil Act provides that “The amount disbursed by the possessor to improve the object occupied and other beneficial expenses may be claimed for reimbursement of the amount of expenses or increase in the amount of expenses, in accordance with his option, only if there is an increase in the value thereof.” In full view of the purport of the arguments as a whole as a result of the commission to appraise the office of Japanese engineering and professional engineers of each of the instant buildings owned by the Plaintiff, the Defendant occupied each of the instant buildings in possession of the instant building and owned by the Plaintiff, and the fact that at least 26.4 million won was paid by the Defendant as the above construction cost (the construction cost is calculated as KRW 34,79,401 as the construction cost according to the above commission for appraisal, but the Defendant’s assertion is consistent with the Defendant’s assertion that the objective value of each of the instant buildings in proportion to the increase in the amount of expenses or increase in the amount of expenses is calculated as of December 18, 2013.

According to the above facts of recognition, the plaintiff is obligated to reimburse the defendant for the beneficial expenses for each building of this case pursuant to Article 203 (2) of the Civil Act, and the plaintiff shall reimburse the defendant.