1. The defendant shall be the plaintiff.

(a) The rate of KRW 96,940,949 and interest thereon shall be 15% per annum from May 3, 2019 to the date of complete payment.

1. Basic facts

A. On December 23, 2016, the Plaintiff received a decision to permit the sale of the real estate in the procedure for compulsory auction (hereinafter “instant auction procedure”) commenced from the date of December 23, 2016 with respect to the real estate indicated on the attached real estate (hereinafter “instant real estate”), which is owned by C Co., Ltd. (hereinafter “C”), and acquired the ownership of the said real estate by fully paying the sale price on September 28, 2018.

B. From November 28, 2014, the Defendant occupied the instant real estate and used it as a factory. On February 22, 2017, the Defendant reported the right of retention to the instant real estate, and on February 28, 2017, reported the right of retention and made a demand for distribution as to the claim for return of the leased deposit amount of KRW 1,056,00,000.

C. On October 18, 2018, the Plaintiff filed an application for an order to deliver real estate with the Gwangju District Court E, and the Defendant possessing the instant real estate. On October 25, 2018, the said court ordered the transfer of the instant real estate, and issued a decision to dismiss the appeal in the case No. 2018Ra305, the Defendant’s appeal, and the said decision became final and conclusive.

The Defendant asserted that there exists a lien on the instant real estate and refused to deliver the instant real estate.

E. The amount equivalent to the rent for the instant real estate from September 28, 2018 to April 30, 2019, the Plaintiff acquired ownership, is KRW 96,940,949, and the monthly rent on May 1, 2019 is KRW 13,57,604.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Gap evidence 1 to 4, Gap evidence 4, 5, Gap evidence 1 to 5, Gap evidence 7-1 and 2, the result of the court's commission of appraisal to appraiser F, the whole purport of the pleadings

2. Judgment on the plaintiff's claim

A. The Plaintiff, as the owner of the instant real estate, claims the return of unjust enrichment by occupying the instant real estate without permission against the Defendant who occupies the instant real estate by exercising the claim for exclusion of interference with ownership.

The defendant is a legitimate title to possess the real estate of this case.