1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the principal lawsuit and counterclaim are dismissed.

2. The costs of appeal shall be principal lawsuit and counterclaim.

On September 5, 2001, the Plaintiff acquired ownership of CJ 629 square meters (hereinafter “instant land”).

Attached Form

Part of the buildings indicated in the list (hereinafter referred to as the “instant building”) is located on the ground of Section 2, 23, 24, 25, 26, 27, 28, 29, 30, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, and 22 of the attached drawings among the instant land, which are linked in sequence to each point of the said building.

The instant building is an unregistered building.

Around March 29, 2012, the Defendant purchased the instant building from I, at the time of Sinjin-si, 43 square meters in the vicinity of the instant land, 43 square meters in E, F 89 square meters in total, and 60 square meters in G, and the instant building. On April 9, 2012, the Defendant completed a provisional registration for the transfer of a building on a separate parcel of land.

The defendant is occupying and using as the owner of the building of this case.

[Reasons for Recognition] Facts without dispute, Gap evidence 1-1, Eul evidence 5-1, Eul evidence 1-2, and Eul evidence 1-1, Eul evidence 1-2, and Eul evidence 1-3, the result of the request for surveying and appraisal by the court of first instance for the Korea Land Information Corporation, the result of the court's verification by the court of first instance, the purport of the whole pleadings, and the above facts acknowledged, are as follows: the defendant owned the building of this case and possessed the part of the dispute of this case, which is the site. Thus, barring special circumstances, the plaintiff is obligated to remove the part installed on the ground of the dispute of this case among the buildings of this case, deliver the land of this case, and return the profits equivalent to the profits from the use of

As to the amount of unjust enrichment to be returned by the Defendant, the amount of profit from the possession and use of the real estate in ordinary cases is equivalent to the rent of the real estate. According to the appraiser K’s appraisal document, after the Defendant acquired the ownership of the building of this case, it is adjacent to the date of the closing of argument in the first instance court, which is close to the date of April 1, 2012 where the Plaintiff is seeking after the Defendant acquired the ownership of the building of this case.