1. The Plaintiff (Counterclaim Defendant) indicated the attached sheet No. 17, 20, 21, 22, 12, among the land size of 234 square meters in Seosan-si Co., Ltd. to the Defendant (Counterclaim Plaintiff).

The principal lawsuit and counterclaim shall be judged together.

1. Facts of recognition;

A. On March 13, 1976, the Defendant purchased a house of 40.32 square meters on the first floor of the housing of 1st floor on the land of Seosan-si, Seosan-si and 212 square meters on its ground (hereinafter “instant housing”) from D, and occupied the said housing on April 19, 1976.

B. On September 7, 1981, the Plaintiff purchased the land of Seosan-si C & 234 square meters (hereinafter “instant land”) and completed the registration of ownership transfer with the Daejeon District Court Branch No. 3935, Sept. 9, 1981 as to the said land.

C. The instant housing is located on the ground of the instant land, where the area of “A” part of “A” connected in order to each point of 13, 14, 19, 18, 15, 16, 20, 21, and 12, 13, 22, and 14, 15, 18, 19, and 14 of the same appraisal map connected in order to each point of 26 square meters and 12, 13, 21, 22, and 12 of the same appraisal map attached to the current attached appraisal map.

Meanwhile, from July 26, 1991 to July 1, 1993, the defendant resided in Seosan City F, and is residing in Seosan City from January 20, 1999 to the date of closing argument of this case.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 1 to 4, the result of the measurement and appraisal by the Korea Cadastral Survey Corporation, the purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the principal claim, the Defendant is obligated to remove the Defendant’s house located on the ground of the instant land and return unjust enrichment to the Plaintiff, barring special circumstances.

3. The defendant asserts that the defendant's judgment on the ground of the defense of the main lawsuit and the counterclaim is completed by occupying the part of the house of this case among the land of this case for 20 years from April 19, 1976, and as such, the prescription period for acquiring possession has been completed, the possessory right holder as to the main claim of this lawsuit, and at the same time the plaintiff asserts that the defendant should comply

The possession of the possessor is carried out in good faith, peace and public performance.