1. The Defendants: (a) from August 3, 2016 to the Plaintiff (Appointed Party) and the rest of the designated parties, Kimhae-si land for factory.

1. Facts of recognition;

A. The Plaintiff (Appointed Party) and the remaining designated parties (hereinafter “designated parties”) purchase 801 square meters of land for RR factories in Changhae-si, Kimhae-si (hereinafter “instant land”) in the auction procedure for real estate rental, and completed the registration of transfer of ownership in the name of the designated parties on August 4, 2016.

B. On the ground of the instant land, apartment houses (hereinafter “instant building”) are constructed, and the Defendants divided ownership of the instant building from August 2, 2016 to each unit in the separate sheet column, and possessed and used the instant land as the site of the instant building.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap No. 1 to 12, the purport of whole pleading

2. The Defendants’ duty to return unjust enrichment equivalent to the rental fee

A. Since the owner of a section of exclusive ownership without a right to use the site occupies the site of the section of exclusive ownership without any legal ground, he/she obtains unjust enrichment equivalent to the difference between his/her section of exclusive ownership and that of the entire section of exclusive ownership in the aggregate building, and the owner of the site cannot be deemed to have suffered losses corresponding thereto.

Therefore, barring special circumstances, the owner of the section for exclusive use without the right to use the site is obligated to return unjust enrichment to the site owner.

(Supreme Court Decision 2016Da219419, 219426 Decided June 28, 2018). B.

According to the above facts, the defendants have the duty to return unjust enrichment due to the possession and use of the land of this case to the designated parties, who are the owners of each part of the building of this case, unless they prove that they are the owners of each part of the building of this case and are the right to use the land of this case.

C. We examine the amount of unjust enrichment to be returned by the Defendants.

The amount of unjust enrichment resulting from the occupation and use of land shall be the rent unless there are special circumstances.