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1. The defendant shall be the plaintiff.
(a) remove the buildings listed in the separate sheet 2, and deliver the land listed in the separate sheet 1;
Reasons
1. Basic facts
A. On April 11, 2014, the Plaintiff was awarded a successful bid for the land specified in attached Table 1 (hereinafter “instant land”) in the procedure for compulsory auction by Cheongju District Court B, and completed the registration of ownership transfer on April 23, 2014.
B. Around December 19, 192, before the Plaintiff acquired ownership of the instant land, the Defendant newly constructed and owned a building listed in the attached Table 2 on the ground of the instant land.
C. The appraised value of the instant land during the period from April 11, 2014 to December 10, 2014 is 7,536,000 (i.e., monthly rent of KRW 942,00 x 8 months). Since then, the appraised value of the monthly rent of KRW 942,00 is 9,00.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, the result of the appraisal of rent against appraiser C by this court, the purport of the whole pleadings
2. Determination as to the cause of action
A. According to the above facts, the defendant without any authority occupies the land of this case owned by the plaintiff for the purpose of owning the building of this case. Thus, the defendant is obligated to remove the building of this case, deliver the land of this case to the plaintiff, and return unjust enrichment equivalent to the profits from the use of the land of this case.
B. Furthermore, as to the scope of return of the above unjust enrichment, the amount of profit from the possession and use of the real estate in ordinary cases is equivalent to the rent for the real estate. According to the above facts of recognition, the Plaintiff’s rent for the land in this case is KRW 7,536,00 in total from April 11, 2014 to December 10, 2014, and the monthly rent for the land in this case as of December 11, 2014 shall be presumed to be the same amount as KRW 942,00 even thereafter.
C. Therefore, the Defendant removed the instant building to the Plaintiff, delivered the instant land, and the Plaintiff’s right to ownership on the instant land from April 11, 2014 to December 10, 2014.