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1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)
A. Of the land size of 220 square meters in Jeong-up, 1,2,12 among the land size of 220 square meters in the attached Form.
Reasons
1. Determination on the main claim
A. 1) On February 8, 1960, the Plaintiff: (a) on February 8, 1960, the 220m20m2 (hereinafter “instant land”).
A) The Defendant completed the registration of ownership transfer as to the instant land. The Defendant installed cement block fences and concrete floors on the line installed on the line that connects each point of 2.57 meters of the size on the instant land in sequence, which is 4.56 meters of length installed on the line that connects each point of 4.8 meters of height, 1.8 meters of height, 10, and 11 of the Annex, which are installed on the line that connects each point of 1,2, and 10 meters of the Annex, and the knicker fence installed on the line that connects each point of 2.57 meters of size on the instant land in sequence, 3,4, 5, 6, 7, 8, and 9 (2) as of July 30, 2015, the Defendant occupied the instant land and used the land as of July 30, 2015.
[Reasons for Recognition] Facts without dispute, Gap evidence No. 2 (including the number of branches if there are separate numbers), appraiser D's survey and appraisal results, the purport of the whole pleadings
B. According to the above facts finding as to the cause of the claim, barring special circumstances, such as the Defendant’s legitimate title to occupy the instant land, the Defendant is obligated to remove cement block fences, knives fences, knives fences, hacks, and concrete floors on the ground of the instant land owned by the Plaintiff and deliver the instant land. As the Plaintiff seeks for unjust enrichment obtained by occupying and using the instant land, he/she is obligated to pay the amount of money calculated by the ratio of the rent of KRW 300,000 per month from July 1, 2015 to the completion date of delivery of the instant land.
C. On the part of the Defendant’s assertion, the Defendant acquired the right of lease from E, the lessee of the instant land, or transferred the instant land with the consent of the Plaintiff, and thus, did not comply with the Plaintiff’s claim, or did not have any obligation to comply with the lease deposit amount.