1. From August 8, 2012 to the date of completion of delivery of the building No. 402, the Defendant moved to C in Nam-si, Namyang-si. 402.

1. Facts of recognition;

A. On August 6, 2012, the Plaintiff purchased a building No. 402 of the fourth floor moving from Nonparty D to C in Yangyang-si (hereinafter “instant building”) from Nonparty D, and the same month.

8. He shall complete the registration of ownership transfer concerning the above real estate.

B. The defendant occupies the building of this case before the plaintiff acquired ownership of the building of this case.

C. Meanwhile, the monthly rent of the instant building is 458,33 won (annual 5,500,000 ± 12 months, and less than won).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. According to the above facts of determination as to the cause of claim, the Defendant is obligated to pay to the Plaintiff unjust enrichment amounting to KRW 458,330 per month, as sought by the Plaintiff, from August 8, 2012, on which the Plaintiff acquired ownership of the said real estate, to the completion date of delivery of the instant building, barring special circumstances.

3. Judgment on the defendant's assertion

A. The Defendant asserted that the instant building was paid in lieu of payment for the construction cost by E delegated with D authority from the former owner of the instant building.

Therefore, since the defendant has a legitimate right to occupy the building of this case, he does not have a duty to pay unjust enrichment to the plaintiff.

B. We examine the judgment of the defendant, even if the defendant received the building of this case from E who was the former owner of the building of this case from D as payment for the construction price, the real estate of this case, such as the building of this case, can be transferred the ownership of the building of this case after completing the registration of ownership transfer under its name unless there is a special legal provision. Since the defendant did not complete the registration of ownership transfer under its name, it was not the owner of the building of this case, and therefore the plaintiff acquired the ownership of the building of this case.