1. The defendant removes the building indicated in the attached list No. 2 to the plaintiff, and the land indicated in paragraph 1 of the same list.

1. Determination as to the cause of claim

A. Comprehensively taking account of the respective descriptions and arguments as indicated in subparagraphs 1 and 2 of the attached Table Nos. 1 (hereinafter “instant land”), the entire land of this case was constructed on the land listed in paragraph (2) of the same Table (hereinafter “instant building”) and was used as the site necessary for the location and use of the instant building. The Defendant completed the registration of ownership transfer on January 22, 2001 with respect to the instant land and the instant building on the ground of sale and purchase as of January 22, 2001, each of the Defendant’s future registration of ownership transfer on July 30, 207; thereafter, each ownership transfer registration was completed in D on June 5, 2014; and the ownership transfer registration was completed on September 8, 2016; and the Plaintiff can be recognized as having completed the registration of ownership transfer on the ground of voluntary sale and auction as of August 24, 2016.

B. According to the above facts, the defendant owned the building of this case and occupied and used the land of this case, which is its site regardless of actual possession of the building of this case or its site.

In addition, by occupying and using the land of this case, profits from the use of the land of this case shall be earned, and thereby, the Plaintiff, the owner of the land of this case, suffered damages equivalent to the same amount.

I would like to say.

Therefore, barring special circumstances, the Defendant is obligated to remove the instant building to the Plaintiff, deliver the instant land, and return unjust enrichment equivalent to the profits from the use of the instant land.

C. Furthermore, considering the amount of unjust enrichment to be returned by the defendant, the amount of profit from the possession and use of the real estate in ordinary cases is equivalent to the rent of the real estate. In full view of the records and the purport of the entire arguments in this case, the plaintiff's ownership of the land in this case.