1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. The following facts may be found either in dispute between the parties or in the records and images of Gap evidence 1 to 9, Eul evidence 1 to 4 (including each number), together with the purpose of the entire pleadings:

The Republic of Korea is the owner of Nam-gu B Dae-gu 159 square meters (hereinafter referred to as “instant land”) at the port of port.

B. The Plaintiff was delegated by the Republic of Korea with authority to manage, dispose of, preserve, and collect the instant real estate in accordance with Article 26(1)10 of the Act on the Efficient Disposal of Non-Performing Assets, etc. of Financial Institutions and the Establishment of Korea Asset Management Corporation; Article 42(1) of the State Property Act; Article 38(1) of the Enforcement Decree of the State Property Act.

C. From February 17, 2001 to September 7, 2008, the Defendant leased and used an unauthorized building (hereinafter “instant building”) which was constructed on part of the instant land (36 square meters) from around February 17, 200 to around September 7, 2008 from C as its owner.

2. Determination on the cause of the claim

A. The plaintiff's assertion that the defendant occupied and used the building of this case, which is an unauthorized building from September 8, 2003 to September 7, 2008, thereby gaining profits equivalent to the rent for the part of the site. Since the defendant, the owner of the part of the site, suffered losses equivalent to the same amount, the defendant is obligated to return the unjust enrichment.

B. In light of social norms, a building cannot exist regardless of its site, so the land which became the site for the building shall be deemed to be possessed by the owner of the building, and the same applies even if the owner of the building does not actually occupy the building or its site. In cases where the owner of the building has no ownership as to the part of the building site, the owner of the building is only the owner of the building, who is liable to return unjust enrichment equivalent to the rent for the part of the building site as an illegal occupant of the building site in relation to the landowner.