1. The Plaintiff:

A. Defendant B shall remove the buildings listed in paragraph 1 of the attached Table 1 and set out in paragraph 2 of the attached Table.

1. Facts of recognition;

A. The Plaintiff paid the purchase price on April 28, 201 as the purchaser in the voluntary auction procedure conducted D with Goyang Branch District Court for the land listed in attached Table No. 2 (hereinafter “instant land”), and completed the registration of ownership transfer for 2/5 of the aforementioned land on the same day.

B. Defendant B newly constructed a building listed in attached Table 1 (hereinafter “instant building”) on the ground of the instant land, and completed the registration of ownership preservation on May 31, 2016, and Defendant C occupies the local above building.

[Ground of recognition] Unsatisfy, entry of Gap evidence 2 and 3, appraiser E's appraisal result, the purport of the whole pleadings

2. Determination:

A. According to the above facts, Defendant B owned the instant building and occupied and used the instant land, which is its site. As a result, Defendant B obtained profit from the use of the said land, and thereby, Defendant C interferes with the Plaintiff’s exercise of the Plaintiff’s right to share in the said land by occupying the instant building. Therefore, Defendant B is obligated to remove the instant building, deliver the instant land to the Plaintiff, and return the amount equivalent to the use profit to the unjust enrichment from the Plaintiff’s acquisition of the said right to share in the land, and Defendant C is obligated to withdraw the amount of unjust enrichment to be returned from the instant building. Furthermore, in ordinary cases, the amount of profit from the possession and use of the said land would be equivalent to the rent of the said real estate.

However, in full view of the purport of the entire arguments as a result of appraiser F’s appraisal, the rent of the instant land from April 28, 2017 to January 16, 2018 can be acknowledged as constituting 913,500 per month, and thereafter it is ratified as the same amount.

Accordingly, Defendant.