1. Defendant C:

A. The buildings listed in the separate sheet No. 2 shall be removed to the plaintiffs, and the separate sheet No. 1 shall be stated.

1. Facts of premise;

A. On November 23, 2011, Defendant C obtained permission from the head of the competent Gu to construct a building listed in paragraph (2) of the attached Table No. 2 (hereinafter “instant building”) with the land indicated in paragraph (1) of the attached Table No. 1 (hereinafter “instant site”) as the site from the head of the competent Gu.

B. On December 15, 2011, Defendant C had registered the creation of a mortgage (hereinafter “instant mortgage registration”) and superficies on the ground of a contract to establish a mortgage on the same day set forth as Defendant C, in the name of the Dobong Saemaeul Community Fund, the maximum debt amount of KRW 104,00,000,000 for the instant site, and the registration of the creation of a superficies.

C. Meanwhile, on January 16, 2015, approval for the use of the instant building was granted by the head of the competent Gu on January 16, 2015, and on February 15, 2016, registration of ownership preservation was made in the future of Defendant C, and Defendant D leased part of the said building from October 7, 2013 to reside therein.

The Plaintiffs completed the registration of ownership transfer in the names of the Plaintiffs with respect to one-half shares of each of the instant sites on November 25, 2016 through voluntary auction. Meanwhile, on October 19, 2017, the monthly rent of the said site is KRW 10,093,100 in total, and the amount equivalent to the final monthly rent is KRW 936,380 in total.

[Ground of recognition] Facts without dispute, entry of Gap 1-5 evidence, result of the commission of appraisal by this court, purport of the whole pleadings

2. Determination

A. According to the facts of (i) determination on the cause of the claim, (ii) the removal, delivery, and removal obligation, Defendant C infringed on the Plaintiffs’ ownership of the instant site by owning the instant building on the instant site; thus, Defendant C is obligated to remove the said building and deliver the said site to the Plaintiff; Defendant D, a lessee residing in the said building, has the duty to remove the said building from the said building for removal.

⑵ 부당이득반환의무 ㈎ 전제사실에 따르면, 피고 C가 원고들에게 반환하여야 할 부당이득은 원고들의 이 사건 대지의 소유권취득일인 2016. 11. 25.부터 2017. 10. 19...