1. The defendant shall be the plaintiff.

(a) remove the buildings listed in Annex 2;

(b) Appendix 1.

1. Facts of recognition;

A. On February 19, 2009, the Defendant completed the registration of ownership transfer on April 2, 2009 with respect to the land listed in paragraph (1) of the attached Table No. 1 (hereinafter “instant land”) and the building listed in paragraph (2) of the attached Table No. 2 (hereinafter “instant building”), which was originally owned by B, and was newly constructed on the ground of the instant land and completed the registration of ownership transfer in the name of the Defendant.

B. On the other hand, as to the instant land, the registration of Suwon District Court was completed on July 4, 2007, the registration of the establishment of the right to collateral security, which constituted KRW 560,000,000,000, for the Suwon District Court’s horizontal Housing Site Board and KRW 38686,000,000,000 for the instant land. However, the said right to collateral security holders filed an application for the auction of the real estate status with Suwon District Court’s horizontal Housing Site C as to the instant land.

The Plaintiff awarded the instant land in the above auction procedure completed the registration of ownership transfer in the name of the Plaintiff on October 13, 2014.

C. Since October 13, 2014, the rent for the instant land is KRW 554,400 per month.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 3 (including additional numbers), the result of the request for appraisal of rent to the office of appraisal of the attitude of this court, the purport of the whole pleadings

2. According to the above facts finding as to the cause of claim, unless there is no legitimate authority to occupy the instant land, the Defendant, the owner of the instant land, is obligated to remove the instant building and deliver the instant land to the Plaintiff, the owner of the instant land. ② The Defendant, by occupying and using the instant land, obtained a profit equivalent to the rent without any legal cause and thereby incurred loss to the Plaintiff equivalent to the same amount. As such, the Plaintiff is obligated to return unjust enrichment equivalent to the rent calculated at the rate of KRW 54,400 per month from October 13, 2014 to the completion date of delivery of the instant land, which was sought by the Plaintiff, as the date of payment for the purchase price of the instant land.

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