1. The purport of the claim is to reduce the part of the plaintiff A and the plaintiff (Withdrawal)'s successor C's appeal and the claim for return of unjust enrichment.

1. Basic facts

A. On November 5, 2003, the Defendant constructed the instant building on the instant land on September 3, 2004 with the consent of land use from E, which was the owner of the instant land, and completed registration of initial ownership on November 22, 2004.

B. E sold the instant land to F on April 27, 2009, and F completed the registration of ownership transfer on May 27, 2009.

C. On January 26, 2011, the decision to commence compulsory sale of the instant land was made, and the Plaintiff A and the Plaintiff (Withdrawal) acquired each share of 1/2 after receiving a successful bid for the said land at the auction procedure on March 27, 2012.

On June 13, 2013, Plaintiff (Withdrawal) completed the registration of ownership transfer on June 13, 2013 with respect to the portion of 1/2 of the above land.

E. Meanwhile, on September 29, 2014, Plaintiff B transferred to Plaintiff C, Plaintiff (Withdrawal) B’s claim for return of unjust enrichment equivalent to the monthly rent or rent accrued from March 27, 2012 to June 12, 2013, and all claims incidental thereto, and delegated the authority to notify the assignment of claims.

Plaintiff

B, on December 29, 2014, notified the Defendant of the assignment of the above assignment, and the notification reached the Defendant on December 31, 2014.

[Ground of recognition] The fact that there is no dispute, Gap's 1 through 5, 17, Eul's 1 and 5 (including branch numbers), and the purport of the whole pleadings

2. Determination

A. As seen earlier, the Defendant possessed the instant land by owning the instant building on the instant land owned by the Plaintiffs, as seen earlier, and barring any special circumstance, the Defendant is obligated to remove the instant building and deliver the land to the Plaintiffs, barring any special circumstance. 2) The Defendant’s defense of superficies (a defense against the Defendant’s defense) (i.e., the Defendant’s land use from E, the former owner of the instant land.