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1. The Plaintiff:
A. The Defendants removed the housing of 2. Paragraph (2) indicated in the attached list, and the land of 1.3 indicated in the same list.
Reasons
1. Facts of recognition;
(1) The land listed in the attached list 1.3 (hereinafter “instant land”) is owned by K. On April 7, 2016, the Changwon District Court rendered a compulsory decision to commence the auction. On September 22, 2016, the said court permitted the Plaintiff, the highest bidder, to sell the said land, and the Plaintiff paid the sale price in full on October 17, 2016 to the said court.
d. On the ground of the instant land, there is a house listed in the attached list No. 2 (hereinafter “instant house”) owned by M.
【Defendant B, C, D, E, F, G, and N, who died on November 26, 2008, inherited their own property in the proportion of inheritance shares (each one-seven), and Defendant H (1/7 x 3/7 x 7), who is the spouse, and Defendant I, the J (each 1/7 x 2/7 x 7) succeeded to their respective inheritance shares.
[Ground of recognition] With respect to Defendant B: A without dispute, each of the evidence Nos. 1 and 2, and the purport of the entire pleadings as to the remaining Defendants: Decision by deeming confession (Article 150(3) and (1) of the Civil Procedure Act)
2. Determination
A. According to the above facts, the Defendants are obligated to remove the instant building to the Plaintiff, deliver the instant land, and return unjust enrichment equivalent to the rent, unless they assert and prove that there is a legitimate title to possess and use the instant building on the ground of the instant land.
Furthermore, in full view of the purport of the entire pleadings as a result of the appraisal of the amount of unjust enrichment equivalent to the fees to be refunded by the Defendants, the following facts can be acknowledged: (a) monthly rent after October 17, 2016, where the Defendants owned the instant housing and did not have any deposit due to the possession or use of the instant land; and (b) the fact that the monthly rent constitutes 35,360.
Therefore, the Defendants removed the instant house to the Plaintiff, delivered the instant land, and as sought by the Plaintiff from October 17, 2016 to the time of removal of the instant house.