2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

A. On December 29, 2008, Korea Land Trust Co., Ltd. (hereinafter “Korea Land Trust”) received a trust of 575 square meters (hereinafter “instant land”) from E and completed the registration of ownership transfer from Gyeyang-gu, Incheon. On the same day, it purchased 182 square meters of an unauthorized building (hereinafter “instant building”) part of the instant land, which is linked in sequence to each of the items of 1,2,3,4, and 1 among the instant land.

B. On October 27, 2009, the Plaintiff purchased the instant land from the Korea Land Trust on October 27, 2009 for an urban development project, and completed the registration of ownership transfer on October 29, 2009, and purchased the instant building on the same day.

C. The Defendant is operating F before October 29, 2009, and occupied and used the instant building.

Meanwhile, the sum of monthly rent for the instant building and its site from October 30 to April 29, 2016, the following day after the Plaintiff acquired the ownership of the instant land, is KRW 34,385,511, and the monthly rent as of April 29, 2016 is KRW 432,917.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 6, result of a request by the court of first instance for surveying and appraisal of appraiser C by the court of first instance, result of a request by the court of first instance for a fee appraisal of appraiser D by the court of first instance, purport of whole pleadings

2. According to the above facts of determination as to the cause of the claim, the owner of the building of this case is E who originally acquired the ownership by constructing the building of this case. Since Korea Land Trust and the Plaintiff purchased the building of this case in sequential order from E, and the Defendant occupied the building of this case, barring any special circumstance, the Defendant is obligated to deliver the building of this case to the Plaintiff, who subrogated, and pay unjust enrichment due to the possession and use of the building of this case.

If a person who does not have legitimate right to possess or use a building with respect to the scope of unjust enrichment, occupies or uses the building, the amount equivalent to the rent shall be refunded to the owner of the building as unjust enrichment.