1. The defendant shall be the plaintiff.

(a) remove each part of the Schedule 4, 5 (c), and (d) of the Attached Real Estate List, and the same list.

1. The facts of recognition C have purchased 312.5 square meters in Bupyeong-gu Incheon Metropolitan Government D (hereinafter “instant land”) and completed the registration of ownership transfer on May 7, 1987.

Since then, C newly constructed the 1st underground floor and the 5th ground-based building (hereinafter “instant building”) listed in attached Table 3 on the land of this case, and completed the registration of ownership preservation in its future on July 16, 192.

Since then, the defendant purchased the land and buildings of this case and completed the registration of ownership transfer on April 8, 2003.

Meanwhile, on the other hand, the Plaintiff purchased the Bupyeong-gu Incheon Bupyeong-gu E 13.8 square meters (hereinafter “instant land 2”) in the compulsory auction procedure, and paid in full the proceeds on June 24, 201, and completed the registration of ownership transfer on the same day.

Part (C) of stairs for access to the building of this case, among the land No. 2 of this case, connected with each point of the attached appraisal No. 4,5,6,14,13,12, and 2.0 square meters in sequence among the land No. 2 of this case, part of the stairs for access to the building of this case 2.3.2 square meters in each of the attached appraisal No. 3,4,5,5,6,7,11, and 3.2 square meters in each of the land No. 2 of this case.

As a result, the defendant currently occupies and uses part (B) of 4.8 square meters in the ship (hereinafter "the part in the possession of this case") which connects each point of the attached Table 2, 3, 4, 5, 6, 7, 8, 9, and 2 among the land of this case among the land of this case as pedestrians for the use of the entrance stairs, etc. of the building of this case and the building.

The Plaintiff filed the instant lawsuit against the Defendant claiming unjust enrichment on the occupied portion of the instant case, and the Defendant filed a separate lawsuit against the Plaintiff claiming the registration of ownership transfer on the ground of the completion of prescriptive acquisition.

(In Mancheon District Court 2015Kadan225720). The defendant won the case in the first instance court, but the defendant lost the appeal court (In Mancheon District Court 2016Na52319), and the appeal was dismissed and the judgment became final and conclusive.

[Reasons for Recognition] Facts without dispute, Gap 1-7 evidence, Eul 2, 3, and 8 evidence, and the purport of the whole pleadings.