1. The part of the judgment of the court of first instance against the Defendant (Counterclaim Plaintiff) D Co., Ltd is revoked, and that part is revoked.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Basic Facts

The court's explanation concerning this part of the judgment of the first instance is identical to that of Paragraph 1 of Article 420 of the Civil Procedure Act, except for the modification of some contents as follows. Thus, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

The part of the judgment of the court of first instance to be amended "after its conclusion" in Part 4 to 7 of the judgment of the court of first instance to add "(at that time, the registration of ownership transfer was made in the name of the plaintiff on November 17, 2015)" to "the present" in Part 6, 12 of the judgment of the court of first instance to delete "the present situation", and 7, 1, "it is being installed" in Part 7, 4, 5 of the judgment of the court of first instance to read "the present situation where the building was installed", and "it occupies the land, structure, etc. of this case until the present day" in Part 7, 4, 5, 7, 7, 7, 7, 4, 7, 7, 7, 7, 5, 7, 5, 5, 5, 5, 5, 5, the plaintiff asserted that the plaintiff asserted in the judgment of the parties to this case was to perform the construction work of this case.

However, as the Defendants had to construct and remove the underground floor part of the instant building differently from the design drawing, the implementation of the instant agreement became impossible, and the Plaintiff rescinded the instant agreement.

Therefore, the Plaintiff seeks removal of the instant structure and delivery of the instant land against the Defendants by exercising the right to restitution following the rescission of the contract or the right to claim removal of disturbance based on ownership. Since the Defendants occupied the instant land without permission since February 23, 2016, the instant agreement was rescinded, the Plaintiff’s unjust enrichment return or tort against the Defendants from the date of completion of delivery of the said land or from the date of loss of ownership.