A. On December 30, 2015, the Plaintiff and D completed the registration of ownership transfer with respect to each of 1/2 shares out of C & 463 square meters (hereinafter “instant land”).

B. B. From December 30, 2015, the Defendant owned 49.6 square meters and 9.9 square meters in a single-story warehouse on the instant land (hereinafter “instant building”) on the instant land’s land as a stone fence, ice roof, and one-story housing on the instant land.

C. D on November 3, 2016, completed the registration of ownership transfer with respect to 1/2 shares out of the instant land to the Plaintiff.

The entire land of this case is used as a site necessary for the location and use of the building of this case.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. Return of unjust enrichment:

A. According to the above facts, the Defendant owned the instant building and occupied and used the instant land, which is its site. Therefore, the Plaintiff is obligated to return the amount equivalent to the rent for the instant land from December 30, 2015, which the Plaintiff acquired ownership of 1/2 of the instant land, to the unjust enrichment.

B. As to this, the defendant alleged to the purport that the defendant cannot respond to the plaintiff's claim since he is the legal superficies for the land of this case, and there is no evidence to acknowledge the above argument, and the above argument of the defendant cannot be accepted.

3. Scope of obligation to return unjust gains;

A. According to the result of the court’s entrustment of appraisal to appraiser E, the rent for the instant land from December 30, 2015 to July 1, 2016 is 7,430,450, and the rent for the instant land around June 23, 2017 can be acknowledged as constituting 22,779,600 annually, and the rent for the instant land thereafter is ratified as the same amount.

Therefore, the Defendant’s return of unjust enrichment to the Plaintiff, 15,523,386 won =6,205,338 won [=40,164 won = the rent from December 30, 2015 to July 1, 2016; hereinafter the same shall apply] x the Plaintiff.