1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

purport.

1. In the first instance court, the Plaintiff sought a return of unjust enrichment from the removal of the instant house, boiler room, warehouse, and garage (hereinafter the instant house, etc.) and from the possession and use of land, and sought a preliminary payment of the land rent. The first instance court dismissed the primary claim and partly accepted the preliminary claim.

In this regard, the defendant only appealed against the part of the first instance judgment against the defendant, and the scope of the trial of this court is limited to the part of the conjunctive claim against the defendant.

2. The relevant part of the judgment of the court of first instance is the same.

(main sentence of Article 420 of the Civil Procedure Act). 3. Determination as to the claim for land rent

A. According to the above fact finding that the obligation to pay the rent arises, the land of this case 1 and 2, the housing of this case, etc. located on the land of this case 1, and concrete structures connected to the housing of this case, etc. installed on the land of this case 2 at the time of the establishment of the mortgage of this case. After that, as a result of the auction for the execution of the mortgage of this case, the owners of the land of this case 1, 2, the housing of this case, etc. and the above concrete structures are different, the defendant acquired the statutory superficies for the housing of this case and the above concrete structures (hereinafter the statutory superficies of this case) in accordance with Article 366 of the Civil Act.

The Defendant is obligated to pay rent to the Plaintiff, the owner of the land, after the date of acquisition of the Plaintiff’s ownership.

B. 1) In light of the following circumstances, the legal superficies of this case are effective in terms of Gap evidence Nos. 4, Eul evidence Nos. 2, and Eul evidence Nos. 13 and images, the result of appraisal commission to appraiser G by the court of first instance, and the purport of the entire pleadings, the legal superficies of this case is composed of a concrete package among the land of this case No. 1 and the land of this case No. 2.