1. The Defendant removed three greenhouses installed on the land of 1,425 square meters in Seo-gu Daejeon, Daejeon, Seo-gu, Daejeon, respectively, to the Plaintiff.

1. Facts of recognition;

A. On December 28, 2005, the Plaintiff completed the registration of ownership transfer with respect to 1,425 square meters in Seo-gu Daejeon, Seo-gu, Daejeon.

B. The Plaintiff acquired the ownership of the instant land as above and leased the instant land to D Agricultural Association Corporation.

C. However, around January 1, 2016, D agricultural partnership entered into a sublease contract between the Defendant and the Defendant for rent of KRW 430,000 per annum (three-year advance payment) and the lease period of the instant land (three-year lease period) from January 1, 2016 to December 31, 2018 (three-year lease period) without the Plaintiff’s consent (hereinafter “instant sublease contract”).

The defendant has installed three plastic houses on the ground of the instant land and used them.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, Gap evidence 3-1, 2, and Eul evidence 1

2. Determination as to the cause of action

A. According to the above facts, since the sub-lease contract of this case constitutes a sub-lease without the consent of the lessor, the Defendant, who installed three plastic houses on the land of this case, has the duty to remove three plastic houses and deliver the land of this case to the Plaintiff, the landowner of this case, and deliver the land of this case.

B. The Plaintiff asserts that the portion of the claim for unjust enrichment equivalent to the rent should be paid not later than the completion date of the delivery of the land, since the Defendant gains a profit equivalent to KRW 500,000 per month by using the instant land without permission.

However, even if a lessee allows a third party to use the leased object by transferring the right of lease or sub-lease without the consent of the lessor, the lessor still has the right to claim the rent against the lessee unless the lease contract is terminated for this reason or the lease contract is terminated lawfully due to other reasons. Therefore, within the extent of the existence of the lease, the lessor shall claim for damages or claim for restitution of unjust enrichment against the third party on the ground of illegal possession.