1. The defendant shall be the plaintiff.

(a) Annex 1, 2, 86, 7, 7; on the ground of 76m2 in Jeonnam-si, Jeonnam-si;

1. Facts of recognition;

A. On October 10, 2014, the Plaintiff completed the registration of ownership transfer on the ground of donation on October 7, 2014, with respect to C & 76 square meters (hereinafter “instant land”).

B. On October 15, 2014, the Defendant received a successful bid in a voluntary auction procedure and completed each of the following registration of ownership transfer on the following day. On October 15, 2014, the Defendant: (a) KRW 49.59 square meters of land and housing units E2/3, F1/3 of land and housing units; and (b) KRW 221 square meters of land bricks and its ground bricks; and (c) KRW

On March 21, 2016, the G land and D large 221 square meters were combined with H large 225 square meters, and “H large 58 square meters” became “58 square meters.”

C. Of the instant land, there are some houses owned by the Defendant on the part (A) of the ship (a) in which each point of Annex A, 2, 8, 6, 7, and 15 square meters is connected in sequence, among the instant land.

The rent from April 14, 2017 to June 13, 2017 for the part on (A) part of the instant land is KRW 154,000, and the rent after June 14, 2017 is KRW 31,000 per month.

[Ground of recognition] In the absence of dispute, Gap evidence 1-2, Gap evidence 3-2, Eul evidence 1-4, Eul evidence 1-4, the result of the survey and the result of the fee appraisal, the purport of the whole pleadings

2. Determination

A. According to the above fact-finding on the cause of the claim, the Defendant is obligated to remove a building located on the ground of 76 square meters in part (A) of the instant land from among the Plaintiff, and pay the Plaintiff money at the rate of KRW 154,000 and KRW 31,000 each month after June 14, 2017, which the Plaintiff sought from January 14, 2017 to June 13, 2017, among unjust enrichment equivalent to the rent arising from occupying the land of 76 square meters in part of the instant land.

B. Determination as to the Defendant’s assertion - The Defendant asserts that the instant land and the instant land and buildings owned by one person, who was awarded a successful bid, and that the Defendant established statutory superficies under Article 366 of the Civil Act on the land of 15 square meters in part (Ga) and the instant land, since there was a change in ownership due to the successful bid of the said site and the above ground buildings, the Defendant did not have a duty to remove and deliver the land of 15 square meters in part (Ga) among the instant

- Doctrine, stove, auction.