A. E, in the name of F, decided to construct a tenement house on the six neighboring lots, including the Seoul Special Metropolitan City G site, and it became necessary to construct 42 square meters out of 108 square meters in Gwanak-gu, Seoul Special Metropolitan City, which was owned by Defendant B as the site of the said apartment house (hereinafter “instant land”).

B. Accordingly, on December 30, 2002, F entered into a sales contract for the instant land with Defendant B, and accordingly completed the registration of ownership transfer in its name on August 7, 2003.

C. After that, 42/108 shares in the instant land became the site ownership of the said tenement, and with respect to the remaining 66/108 shares, the registration of transfer of ownership was completed on October 20, 2005 under the name of the Plaintiff on November 18, 2005.

On the ground of the instant land, H, I, and J land adjacent thereto, Defendant B was constructed with the 66.16 square meters away from the asbestos slate roof built prior to April 8, 1982, without permission, owned by Defendant B (hereinafter “instant building”). Among them, the attached drawing indication 5, 21, 22, 23, 24, 25, 25, 10, 12, and 5 square meters (hereinafter “the instant building”) are located on the ground of the instant building. The part of the instant building is located on the ground of the instant land.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1-6 (including virtual number), Eul evidence No. 1, and the purport of the whole pleadings.

2. Summary of the parties’ assertion

A. Since the Defendants owned the instant land on the instant land owned by the Plaintiff without any title, and occupied the instant land, the Defendants are obligated to pay to the Plaintiff the Plaintiff unjust enrichment or rent equivalent to the rent.

B. Defendant B acquired legal superficies under customary law on some of the instant buildings, and even if the obligation to pay land rent is recognized, it is limited to the extent of the Plaintiff’s share.