1. The Defendant shall deliver to the Plaintiff the real estate indicated in the attached list, and deliver the said real estate from November 11, 2015.

1. Judgment on the plaintiff's claim

A. (1) On January 20, 2014, the Plaintiff, as a project owner, contracted the construction work for the construction work of Kimhae-si, Kimhae-si, with the construction cost of KRW 1,819,00,000 (Additional Tax) and the construction period of January 21, 2014.

(2) After suspending the foregoing construction, D continued to perform the said construction on June 2, 2014. D agreed to receive payment on the premise that the said C Apartment is owned by the Plaintiff, if it is not possible for D to receive the construction cost on the premise that the said C Apartment is owned by the Plaintiff, part of the said C Apartment’s exclusive ownership was paid in kind.

(3) On August 17, 2015, after the completion of the above C Apartment, the registration of preservation of ownership was completed in the Plaintiff’s name on the real estate listed in the separate sheet (hereinafter “instant apartment”).

(4) The Defendant completed the resident registration of the instant apartment from November 11, 2015 and resides therein.

(5) From November 11, 2015 to January 10, 2017, the amount equivalent to the rent for the instant apartment is KRW 469,00 per month (=6,56,000 ± 12 months, and less than KRW 12 months; hereinafter the same shall apply) and the subsequent monthly rent is confirmed as the same amount.

[Ground of recognition] Facts that there is no dispute or is not clearly disputed, Gap evidence Nos. 1, 3, 9, 10 (including paper numbers), the result of the commission of appraisal of rent to appraiser E and the purport of the whole pleadings

B. According to the above facts of recognition as to the cause of the claim, the defendant who occupies the apartment of this case, barring special circumstances, has the duty to deliver the apartment of this case to the plaintiff, the owner of the apartment of this case.

In addition, the defendant is obligated to pay unjust enrichment equivalent to that of the rent to the plaintiff by occupying and using the apartment of this case, which is owned by the plaintiff without any legal ground, and thereby gaining profit equivalent to the rent, and thereby causing damage to the plaintiff.

C. Determination as to the Defendant’s assertion (1) the occupation assistant.