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1. Defendant A:
A. The attached Table 1, 2, 3, and 1, 2, 3, is marked on the land of 288 square meters and the attached Table 1, 2, 3, 198 square meters in Thai-gun, Chungcheongnam-do.
Reasons
1. Facts of recognition;
A. On January 26, 2015, the Plaintiff acquired ownership by receiving the bid for the instant land in the voluntary auction procedure conducted with respect to 288 square meters and 198 square meters (hereinafter “instant land”) in Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, the Defendant, who was Defendant A, in the possession of the Defendant, and paying the remainder on February 13, 2015.
B. On the ground of the instant land, Disposition No. 1. A
항과 같이 ㉠부분 주택, ㉡부분 차양, ㉢부분 창고, ㉣부분 보일러실(이하 “이 사건 각 건물”)이 존재한다.
Each building of this case is unregistered.
C. Defendant A pays property tax on each of the instant buildings, and Defendant B, Defendant C, and Defendant D are residing in the move-in report of each of the instant buildings.
[Ground of recognition] Defendant A and Defendant D: A without any dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2, and the purport of the whole pleadings as a whole (Article 208(3)2 of the Civil Procedure Act): Defendant C by publication (Article 208(3)3 of the Civil Procedure Act)
2. Determination
A. According to the above facts, Defendant A, as the de facto disposal authority of each of the instant buildings constructed on the instant land owned by the Plaintiff, gains profit equivalent to the profit from the use of the instant land and thereby bears the same amount of damages to the Plaintiff, barring any special circumstance, Defendant A is obligated to remove each of the instant buildings, deliver the instant land, and return the amount equivalent to the profit from the use of the instant land in unjust enrichment. 2) As to this, Defendant A purchased the instant land and each of the instant buildings from Nonparty G on November 10, 2010, and thereafter occupies them up to the present day after acquiring the ownership of the instant land on November 26, 2010 after taking over the ownership of the instant land on November 26, 2010, even if the Plaintiff acquired ownership due to the successful bid.