1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

purport.

1. Basic facts

A. On March 27, 2018, the Plaintiff purchased the instant real estate from D and completed the registration of ownership transfer on the ground of the said sale on March 28, 2018.

B. On October 1, 2009, the Defendant occupied and used the instant real estate after filing a move-in report on the instant real estate on October 1, 2009 by the date of closing argument in the trial.

C. From March 28, 2018 to September 27, 2019, the rent of the instant real estate is KRW 760,000 per month.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 2, result of entrustment of appraisal of rent to appraiser E by the court of the first instance, purport of whole pleadings

2. Summary of the parties' arguments;

A. The Plaintiff’s assertion that the Defendant occupied and used the instant real estate owned by the Plaintiff without any title from October 1, 2009 to the date. Since the rent for the said real estate is equivalent to KRW 760,000 per month, the Defendant shall deliver the instant real estate to the Plaintiff, and the Defendant shall pay to the Plaintiff unjust enrichment equivalent to the rent calculated at the rate of KRW 760,000 per month from March 28, 2018, when the Plaintiff acquired the ownership of the instant real estate, until the Defendant completed the delivery of the instant real estate.

B. Defendant’s assertion 1) The Defendant, around September 5, 2009, has the right of retention against F and G as the exercise of the right of retention on or around September 5, 2009, is the H Committee with the right of possession of the instant real estate (hereinafter “instant H Committee”).

After paying KRW 15,00,000 to the above H Committee, it received a certificate of lien assistance possession and completed the moving-in report on October 1, 2009, it occupied the instant real estate, and thereafter paid KRW 15,000,000 to the said H Committee around September 2010.

On the other hand, D, the former owner of the instant real estate, was paid 30,000,000 won to D and C between the Defendant’s spouse who occupied the instant real estate and C around April 26, 2016, after receiving payment in kind from G in lieu of the instant real estate.