1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)

(a) remove each building listed in the separate sheet; and

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. H purchased the land listed in the separate sheet (hereinafter “instant land”) on July 6, 1976, and completed the registration of ownership transfer in its name on the same day. On February 22, 2016, H donated 1/6 of each of the instant land to wife and children, and completed the registration of ownership transfer for each of the instant shares in the Plaintiffs’ name on February 23, 2016.

B. The Defendant obtained a building permit on November 13, 1976, and around that time, newly built a house listed in [Attachment 2] No. 5 on the ground of the instant land (hereinafter “instant house”). Around December 16, 1976, the Defendant obtained a building permit on December 16, 1976, and newly built a warehouse listed in [Attachment 3] No. 3 on the ground of the instant land (hereinafter “instant warehouse”).

C. From November 1, 1976, the Defendant occupied and used the instant land as the site for the instant house and warehouse and its accessory land.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination as to the cause of the principal claim

A. According to the above facts, since the Defendant occupied and used the instant land owned by the Plaintiffs as the instant house and warehouse site and its accessory land, it interferes with the exercise of the Plaintiffs’ ownership, barring any special circumstance, the Defendant is obligated to remove the instant house and warehouse and deliver the instant land to the Plaintiffs, barring any special circumstance.

B. Also, the Defendant is obligated to return to the Plaintiffs unjust enrichment equivalent to the rent due to the possession and use of the instant land from February 23, 2016 to the completion date of delivery of the instant land from February 23, 2016, on which the Plaintiffs acquired the ownership of the instant house and warehouse.

However, according to the fact-finding results of this Court's inquiry about appraiser I and the result of the Court's entrustment of appraisal of rent, the amount of unjust enrichment from February 23, 2016 to July 31, 2019 due to the possession and use of the land in this case shall be 33,798.