1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

[Claim]

1. Basic facts

A. On August 29, 2013, Jinyang-gu, Seoyang-gu (hereinafter “instant land”) purchased the ownership transfer registration on October 31 of the same year after purchasing it in the voluntary auction procedure on August 29, 2013, and the Plaintiff purchased it again from E on January 5, 2016, and completed the registration of ownership transfer.

B. On April 29, 2015, the Defendant purchased a building not registered on the ground (hereinafter referred to as “instant building”) on the part of the instant land indicated with drawings Nos. 2, 3, 2015, by means of changing the name of the owner, and occupied the portion indicated with drawings No. 287 square meters, which is the relevant site.

C. The rent from April 29, 2015 to January 4, 2016, is KRW 18,291,517, the rent from January 5, 2016 to May 1, 2016, is KRW 8,59,199, and the rent from May 2, 2016, is KRW 72,874, a day.

On the other hand, the former owner E sold the instant land to the Plaintiff and transferred the claim for restitution of unjust enrichment against the Defendant.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 5 (including virtual numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts, barring any special circumstance, the Defendant is obligated to remove the instant building based on the ownership of the instant land, deliver the instant building to the Plaintiff requesting the exclusion of interference, and pay damages for delay calculated at the rate of 15% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from May 3, 2016 to the day of full payment, and pay damages for delay calculated at the rate of 72,874 won per day from May 2, 2016 to May 2, 2016 to the day of the completion of delivery of the instant portion or the day of loss of the Plaintiff’s ownership.

B. Determination of the Defendant’s assertion 1, the Defendant, “F,” out of the instant land.