1. Defendant A:

A. Of the land size of 350 square meters in Kimhae-si, each point of the attached Form No. 1, 2, 3, 4, 5, 6, and 1 is attached hereto.

1. On September 30, 2015, the Plaintiff purchased sectionally owned co-ownership shares 171/350 of the instant land owned by F during the public sale process and completed the registration of ownership transfer on October 8, 2015.

On April 2014, Defendant A and Defendant D entered into a lease agreement with Defendant D to lease the instant building by setting the deposit amount of KRW 1,000,000, monthly rent of KRW 100,000, and from April 13, 2014 to 2021.

The F died on May 30, 2016, and the first-class inheritor was Defendant A and C, the spouse of the Defendant A and his/her children. The said Defendants reported the renunciation of inheritance as Busan Family Court 2016-Ma2579, and the said declaration was accepted on August 11, 2016.

The instant building is an unregistered building without permission.

[Ground of Recognition] Uncontentious Facts, Gap evidence Nos. 1 through 3, 5, Eul evidence No. 1, the purport of the whole pleadings (Defendant D is deemed as confessions)

2. According to the above facts finding as to the claims against Defendant A, B, and C, it is reasonable to view that Defendant A, a lessor of the instant building, occupied the relevant part of the land while owning the instant building.

Therefore, Defendant A is obligated to remove the instant building to the Plaintiff, who is the owner of the instant land, deliver the land, and return unjust enrichment from occupying and using the instant land after the Plaintiff acquired the ownership of the instant land.

Meanwhile, in light of the fact that Defendant A leases the instant building at the monthly rent of KRW 100,00,000 to Defendant D, it is reasonable to view that the benefits earned by Defendant A while occupying and using the instant land is KRW 100,000 per month.

The Plaintiff asserted that the land rent, which reflects the market price of 171m2 corresponding to the Plaintiff’s share among the instant land, is KRW 387,500 per month, but there is no evidence to acknowledge it.

On the other hand, under the premise that the networkF jointly owned and occupied the instant building, the Plaintiff also removed the building, transferred the land, and transferred the building to Defendant B and C.