1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. Of 1,698.2 1,334.62 square meters in Suwon-si, Suwon-si, Suwon-si (hereinafter “instant land”), the share of 1,698.2/1,69 among the instant land was registered as the share of the ownership of a part of the exclusive ownership of the instant land (hereinafter “instant building”) constructed on the ground of each of the instant land on September 9, 201, with the share of 291.8/1,698.2/1, among the instant land.

B. On April 28, 2011, the Plaintiff acquired ownership during the public auction procedure on shares 66.12/1,698.2 (hereinafter “Plaintiff’s shares”) where no right to a site is registered among the instant land.

C. In addition, the Plaintiff filed a lawsuit seeking the registration of ownership transfer as to subparagraph 8 of the first floor and subparagraph 15 of the first floor against D, the owner of the first floor and subparagraph 8 of the first floor and subparagraph 15 of the first floor, on the premise of exercising the right to claim sale under Article 7 of the Act on the Ownership and Management of Aggregate Buildings (hereinafter “Act on the Ownership and Management of Aggregate Buildings”), and filed a lawsuit seeking the registration of ownership transfer as to subparagraph 8 of the first floor and subparagraph 15 of the first floor (U.S. District Court 201Da85440) on July 3, 2012, and the Plaintiff completed the registration of ownership transfer as to subparagraph 8 and subparagraph 15

On the other hand, on October 18, 2012, a compulsory auction for the first floor 8 among the instant buildings was commenced, and the Defendant was awarded a successful bid in the said compulsory auction procedure on April 17, 2014 and completed the registration of ownership transfer on April 23, 2014.

[Ground of recognition] Facts without dispute, entry of Gap 1, 2, 3, and 5 evidence, the purport of the whole pleadings

2. The assertion and judgment

A. Since the Plaintiff’s claim No. 8 of the first floor of the instant building does not have the right to use the land, the Defendant is obligated to pay unjust enrichment equivalent to the rent as stated in the purport of the claim due to the return of unjust enrichment, since the Defendant, among the instant land, uses and gains the Plaintiff’s share not registered as the site of the instant building without permission.

B. The judgment is made by the sectional owner in Article 20 of the Aggregate Buildings Act.