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

2. The Plaintiff (Counterclaim Defendant) shall list the attached list to the Defendant (Counterclaim Plaintiff).

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On February 23, 1979, the Plaintiff completed the registration of transfer of ownership on the ground of sale on February 10, 1979, with respect to C, 228 square meters and D, 1,114 square meters in Jeju-si.

B. On April 11, 1985, the land category of the CJ 228 square meters in Jeju-si was changed to a road, and the land category of the attached Table 1 (hereinafter “A land”) was changed to that of the road. On April 11, 1985, E large-scale 197 square meters divided from D large-scale 1,114 square meters in Jeju-si, as well as the land category of the attached Table 2 (hereinafter “B land”) was changed to that of the road.

C. From around that time, the Defendant opened a road on the instant land and occupied and used it.

【Ground of recognition】 The fact that there has been no dispute, each entry of Gap's 1 through 4 (including virtual number) and the purport of whole pleading

2. The assertion and judgment

A. According to the above facts of recognition, the Defendant, barring special circumstances, is obligated to pay to the Plaintiff unjust enrichment equivalent to the rent for the possession and use of the instant land from June 6, 2013, which the Plaintiff seeks, until the occupation is terminated.

B. The Defendant’s assertion on prescriptive acquisition 1) asserts that, as the Defendant acquired the instant land by prescription, the Plaintiff cannot respond to the Plaintiff’s claim for restitution of unjust enrichment, and that the Plaintiff is obligated to perform the procedure for registration of ownership transfer based on prescriptive acquisition with respect to the instant land. Accordingly, the Plaintiff asserted that: (a) the Defendant did not submit the documents regarding the procedure for acquisition of the instant land, such as the purchase and sale agreement (consultation) or the receipt for payment of the purchase price (compensation), and that the submission of the documents is not possible; (b) so, the Defendant’s possession is an unauthorized possession; and (c) the Defendant did not prove that the contract was concluded on the purchase and sale (purchase) instead of being paid in full. (b) The nature of the source of possession right is unclear in the prescriptive acquisition of real estate