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1. The Plaintiff:
A. Defendant B’s KRW 9,250,464 as well as 5% per annum from January 28, 2015 to July 9, 2015.
Reasons
1. Basic facts
A. The pertinent Plaintiff is the owner of the land indicated in paragraph (1) of the indication of the attached real estate (hereinafter “instant land”); Defendant D is the owner of the building indicated in paragraph (2) of the indication of the attached real estate on the said land (hereinafter “instant building”); Defendant B and C are the owners of the said building as examined below.
B. On November 24, 2001, the Plaintiff acquired the instant land through a compulsory auction. For the foregoing reasons, the Plaintiff completed the registration of ownership transfer with the Changwon District Court No. 78043, Dec. 6, 2010 as to the said land.
C. Defendant C related to the ownership of the instant building completed the registration of ownership transfer as to the said building on the ground that he acquired the instant building through voluntary auction on December 7, 1998, by the Changwon District Court No. 99594, Dec. 15, 1998. Defendant B completed the registration of ownership transfer as to the said building on the ground that he purchased the said building from Defendant C on February 24, 2002. Defendant C completed the registration of ownership transfer under the Changwon District Court No. 31806, Mar. 27, 2002, on the ground that he purchased the said building from Defendant C on the ground that he purchased the building again from Defendant B on May 30, 2005, Defendant C completed the registration of ownership transfer by the Changwon District Court No. 61834, Jun. 29, 2005; Defendant D purchased the said building from Defendant C on April 4, 2011.
[Ground of recognition] The fact that there is no dispute, entry of Gap evidence 1 (including family number, hereinafter the same shall apply) and the purport of whole pleading
2. Return of unjust enrichment:
A. In light of social norms, since a building cannot exist regardless of its site, the land that became the site for the building shall be deemed to be possessed by the owner of the building. In this case, even if the owner of the building does not actually occupy the building or its site, it shall be deemed that the owner of the building does not occupy it.