(a) remove the buildings listed in Annex 2;

(b) Appendix 1.

A. On April 8, 2014, the Plaintiff: (a) was awarded a successful bid of the instant land in the real estate compulsory auction case (former District Court C) for the land listed in paragraph (1) of the attached Table No. 1 (hereinafter “instant land”); and (b) completed the registration of ownership transfer in its name on April 10, 2014.

B. On the instant land, the buildings listed in paragraph (2) of the attached Table (hereinafter “instant building”) are located, and the Defendant completed the registration of ownership preservation on the instant building in its name on September 9, 2013, and occupied and used the instant land as the site for the instant building.

[Judgment of the court below]

2. Determination as to the claim

A. According to the above facts, barring any special circumstance, the Defendant, as the owner of the instant land, removed the instant building and delivers the instant land to the Plaintiff, and is obligated to return unjust enrichment from April 8, 2014 to the completion date of delivery of the said land. 2) Meanwhile, the amount of unjust enrichment to be returned by the Defendant to the Defendant is the amount equivalent to the rent for the instant land. According to the results of the appraisal of rent by the Pacific Appraisal Corporation, the rent for the instant land as of April 8, 2014 is recognized as 89,60 per month, and thus, the Defendant is obligated to pay the Plaintiff the money calculated at the rate of KRW 89,600 per month from April 8, 2014 to the completion date of delivery of the said land.

B. The defendant's assertion 1) Since the defendant's assertion has legal superficies for the building of this case against the land of this case, it cannot respond to the removal of the building of this case and the request for extradition of the land of this case. 2) The land which is the object of a compulsory auction by official auction by relevant legal principles or the ownership of the building of this case is in the procedure due to compulsory auction by official auction.