(a) remove the buildings listed in the annex 1 list; and

(b) the land listed in the annex 2 list;

A. The Plaintiff is the owner of the instant land, and there is a building of the size of the first and fifth floors above the ground on the instant land (hereinafter “instant building”). The said building is an aggregate building subject to sectional ownership.

B. On September 4, 1998, D Co., Ltd. completed the registration of initial ownership as to the heading room listed in the separate sheet No. 1 (hereinafter “the heading room”) of the instant building on September 4, 1998. On August 23, 2010, the Defendant acquired the ownership of the instant heading room on the ground of public sale.

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

2. The plaintiff's assertion that the defendant occupied the land of this case without permission through the possession of the bank room of this case, although there is no title to occupy the land of this case.

The Defendant is obligated to remove the instant bank room and deliver the instant land to the Plaintiff, and also is obligated to return unjust enrichment equivalent to the rent to the Plaintiff from the acquisition of the ownership of the instant bank room to the date of delivery of the instant land.

3. Determination

A. 1) Determination as to the cause of the claim is difficult to view that the Defendant possessed the instant land through the ownership of the instant room, and it is directly authorized to use the instant land. Thus, barring any special circumstance, the Defendant is obligated to remove the instant room and deliver the instant land to the Plaintiff, barring special circumstances. 2) The Defendant’s assertion as to the Defendant’s defense is the sectional owner of each unit located on the third or fifth floor of the instant building, and the Plaintiff received rent by concluding a lease agreement with E around 2009 or around 2012. Thus, the Defendant also has the right to possess the instant land.

(b).