1. The Plaintiff (Counterclaim Defendant) indicated the attached Form 1 drawings on the Defendant (Counterclaim Plaintiff) among the attached Form 4, 5, 12.

1. Facts of recognition;

A. On July 7, 1995, the Plaintiff acquired ownership on the land owned by Yeongdeungpo-gu Seoul Metropolitan Government C large 116 square meters (hereinafter “Plaintiff-owned land”).

B. On November 29, 1999, the Defendant acquired ownership of D large scale 43 square meters adjacent to the Plaintiff’s land and the second floor thereof (hereinafter “Defendant-owned land and buildings”).

C. However, the Defendant-owned building intrudes on the part of 5 square meters in the ship (hereinafter “the part of the instant land”) connected in order to each point of Annex 4, 5, 12, 13, and 4, among the land owned by the Plaintiff.

[Ground of recognition] Facts without dispute, entry of Gap 1 and 2 evidence, result of survey and appraisal by appraiser E, purport of the whole pleadings

2. Summary of the parties' arguments

A. The summary of the Plaintiff’s assertion is that the Defendant occupied the part of the instant land from among the land owned by the Plaintiff without permission. As such, the Defendant removed the part of the instant land owned by the Defendant, and the Plaintiff separately requested removal of the part of the first and second floors where the land owned by the Plaintiff is invaded among the building owned by the Defendant, and the part of the panel branch. However, this is only different from its size and shape, and all of them are located on the ground of the instant land. Accordingly, it is difficult to view that the Defendant should remove the building owned by the Defendant on the ground of the instant land.

The above part of the land shall be handed over, and the extinctive prescription of which has not yet been completed, shall be obliged to pay unjust enrichment equivalent to rent after April 22, 2006, ten years prior to the filing date of the lawsuit in this case.

B. The summary of the Defendant’s assertion was newly constructed on July 16, 1969, and the ownership of the Defendant was transferred in order without maintaining the original location, structure, etc. up to now. At the latest, F, the owner of the Defendant’s previous ownership acquired ownership of the building owned by F, G, and the Defendant’s intent to own the building up to June 20, 1983, and the part of the instant land was jointly and openly performed with F, G, and the Defendant.