A. The Plaintiff completed the registration of ownership preservation on March 25, 201 with respect to the real estate listed in the separate sheet (hereinafter “instant apartment”), and the Defendant occupied the instant apartment after the Plaintiff acquired the ownership of the instant apartment after acquiring it.

B. The Defendant asserted that the instant apartment was sold in lots on September 7, 2010, and filed a lawsuit against the Plaintiff seeking the implementation of the procedure for the registration of ownership transfer of the instant apartment under the court 2012 Gohap2973. However, the Defendant lost the Defendant on October 30, 2012 on the ground that the sales contract in the name of the Defendant for the instant apartment constitutes a false declaration of agreement and becomes null and void.

(A) The defendant appealed against the above judgment. (c)

The sum of monthly rent from March 25, 201 to March 24, 2013 of the instant apartment is KRW 25,526,400 (monthly rent of KRW 1,063,60) and monthly rent from March 25, 2013 is KRW 868,200.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 3, each entry of Gap evidence 3, the result of this court's entrustment of appraisal of rent to appraiser C, the purport of the whole pleadings

2. According to the above facts of recognition, the defendant gains profits without any legal ground by occupying and using the apartment of this case and thereby causes damages equivalent to the plaintiff, and the amount of profit from the occupation and use of the ordinary real estate shall be the amount equivalent to the rent of the real estate. Thus, the defendant is obligated to pay to the plaintiff the amount of unjust enrichment equivalent to the rent of KRW 25,526,40, the sum of the monthly rent from March 25, 2011 to March 24, 2013, and KRW 25,526,400, and the amount of rent of KRW 868,200,000, calculated respectively, from March 25, 2013 to March 24, 2013.

As to this, the defendant is the formal owner of the apartment of this case, and the plaintiff is obligated to register the ownership of the apartment of this case to the buyer designated by Altiti comprehensive Construction Co., Ltd. (hereinafter referred to as the "Saeman Construction Co., Ltd.") who is the contractor of the apartment of this case.