1. The defendant is against the plaintiffs:

(a) Of the buildings listed in paragraph 2 of the attached list of real estate, the land listed in paragraph 1 of the same list;

1. Facts of recognition;

A. On November 10, 201, the Seoul District Court, C, and D (Duals) awarded a bid for the land listed in paragraph (1) of the attached Table No. 1 of the Real Estate List (hereinafter “instant land”) and completed the registration of transfer of ownership on November 16, 201. On March 28, 2012, the Non-Party Corporation entrusted the instant land to the Plaintiffs as a partnership-ownership relationship, and completed the registration of transfer of ownership with the Plaintiffs on March 30, 2012.

B. On March 8, 2011, the Defendant completed the registration of ownership transfer with respect to the building listed in paragraph (2) of the Attached List of Real Estate (hereinafter “instant building”). Of the instant land, the instant building is constructed on the part (a) in the ship connecting each point of the instant land in sequence of the indication of drawings in the attached Table 4, 5, 6, 16, 17, 18, 19, 20, 14, 15, and 4, and the part (a) in the ship connecting each point of the instant land (hereinafter “the part in the instant land”) and on the part of the land E in the Jeonsan-gu Seoul Special Metropolitan City.

C. On March 30, 2012, the monthly rent of around March 30, 2012 on the part of the instant land is KRW 4,098,164 (=40,600 x 100.94 square meters).

[Ground of recognition] Each entry of Gap evidence Nos. 1 through 8 (including paper numbers) and the purport of the whole pleading

2. Determination

A. According to the facts of the judgment as to the cause of the plaintiffs' claim, the defendant owned the building of this case which was constructed on the ground of the sunken part of the land of this case, which is owned by the plaintiffs, and occupied the sunken part of the land of this case. Thus, barring special circumstances such as there is a legitimate title to possess the sunken part of the land of this case, the owner of the sunken part of the land of this case who seeks the exclusion of interference with the above ground part of the building of this case is obligated to remove the sunken part of the building of this case and deliver the sunken part of the land of this case, and return unjust enrichment equivalent to the rent calculated at the ratio of 4,098,164 won each month from March 30, 2012 to the completion of the duty of removal and delivery.

I would like to say.

B. The defendant.