1. The Plaintiff (Counterclaim Defendant) indicated in the attached Form 1, 20, 21, 22, and 22, among the area of 460 square meters in the area of Category C with the Plaintiff (Counterclaim Plaintiff) located in the area of Jeonbuk-gun.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is the owner of 460 square meters in Jeonbuk-gun, Jeonbuk-gun, Jeonbuk-gun (hereinafter “instant land”).

B. The Defendant is the owner of 410 square meters (hereinafter “instant land 2”) adjacent to the instant land, and on the land of the instant land, the Defendant has a 125.69 square meters and wall and a warehouse owned by the Defendant (hereinafter “instant housing and wall”) on the ground of the instant land.

C. The instant housing and fence are the lines connected in order to each point indicated in the separate sheet No. 22, 23, 24, and 25. The instant housing and fence are the lines connected thereto. Of the instant land No. 1, the said part of the same drawing No. 63 square meters (hereinafter “instant land No. 3”) was built by breaking the same map No. 63 square meters.

[Ground of recognition] Uncontentious facts, Gap evidence 1 and 2, Eul evidence 1 and Eul evidence 1, and the result of the on-site inspection by this court, the purport of the whole pleadings as a result of the request for surveying appraisal by this court

2. The parties' assertion

A. Since the Defendant, without any title, interferes with the Plaintiff’s exercise of ownership by occupying and using the instant land No. 3, which is part of the instant land owned by the Plaintiff without title, the Defendant is obligated to remove the instant housing and fence on the ground of the instant land No. 3, deliver the instant land to the Plaintiff, and pay for unjust enrichment on the clinical party calculated by the ratio of KRW 50,000 per month from June 1, 1996, when occupation of the instant land No. 3 was commenced without permission.

B. The Defendant, as the cause of the counterclaim, occupied the land No. 3 in the instant case with the intention of owning it, and possessed it for at least 20 years in peace and public performance, the prescriptive acquisition for the land No. 3

Therefore, the plaintiff's claim is improper. Rather, the plaintiff is obligated to implement the procedure for the transfer registration of ownership on the land 3 of this case due to the completion of prescription.

3. Determination

A. The possessor in the first issue as to the completion of the statute of limitations for possession shall be owned.