1. Pursuant to the counterclaim of the Defendant (Counterclaim Plaintiff) and the conjunctive counterclaim of the Plaintiff (Counterclaim Defendant), the Defendant (Counterclaim Defendant) raised at the trial.

1. Scope of trial of this court after remand;

A. In the auction procedure, the Plaintiff, based on ownership, filed a lawsuit seeking removal of the buildings owned by the Defendant and delivery of the said land on the instant land, and seeking a return of unjust enrichment equivalent to the part occupied by the Defendant, on the ground that he/she acquired the land of Gyeonggi-gun C river 641 square meters, E, 8,289 square meters, F river 6,793 square meters, 569 square meters prior to J, and 684 square meters prior to D. (hereinafter “instant land”). The first instance court accepted the Plaintiff’s removal and delivery request in entirety, accepted part of the claim for unjust enrichment, and rendered a judgment dismissing the remainder of the claim.

B. On the other hand, at the trial before remanding the part against the Defendant, only the Defendant filed a counterclaim against the Plaintiff, asserting that the ownership of the trees listed in the attached Table of trees (hereinafter “the instant trees”) on the instant land was owned by the Defendant. On the other hand, the Plaintiff collected the instant trees from the Defendant as a preliminary counterclaim in preparation for the case where the Defendant’s counterclaim is again accepted, and transferred the part of the land where the said trees were planted, and claimed for the return of unjust enrichment equivalent to the above part of the land.

C. Before remand, the court of the first instance rendered a judgment dismissing the Defendant’s appeal and counterclaim (as the Defendant’s counterclaim claim was dismissed, the Defendant did not render any judgment on the Plaintiff’s conjunctive counterclaim claim), and the Defendant appealed on this, and the Supreme Court reversed the part on the counterclaim in the judgment prior to remand and remanded.

After remand, the plaintiff reduced the purport of the claim as stated in the preliminary counterclaim claim and changed the cause of the claim at the court of the first instance.

E. Therefore, among the judgment of the first instance and the judgment before the remand, the part of the Plaintiff’s principal claim is all satisfied.