1. The Seoul High Court 201Na82744 decided on the Plaintiff: Seoul Central District Court.

1. Basic facts

A. C completed the registration of ownership transfer on January 11, 1999 with respect to the land of this case under the Seoul Jongno-gu Seoul Metropolitan Government D large 624.2 square meters and E large 53.1 square meters (hereinafter referred to as the “instant land”). The Seoul Central District Court completed the registration of ownership transfer with the Seoul Central District Court No. 1610 on January 11, 199, and established G (hereinafter referred to as the “Nonindicted Company”) with its wife F as the representative director to conduct a new building construction project on the ground of the instant land.

B. On September 18, 199, the non-party company leased the instant land from C to September 18, 2001 by setting the lease term of September 18, 199 to KRW 100 million. On April 11, 2000, the non-party company newly constructed a building of “H” with the size of the third and fifth floors above the ground (hereinafter “the instant building”).

On November 5, 2003, the registration of preservation of ownership was completed on January 3, 2004 due to the entrustment of registration of provisional disposition prohibiting disposal of the building of this case.

C. The Plaintiff is a sectional owner who purchased 10.58/172.3 of the building of this case from the non-party company and completed the registration of ownership transfer.

On March 3, 2004, in order to collect the value-added tax, etc. in arrears by the non-party company, the non-party company designated C as the second taxpayer of the non-party company, and on June 12, 2004, on June 16, 2004, the entry registration was completed on June 16, 2004, and the Korea Asset Management Corporation requested the public sale of the land of this case on December 4, 2006.

In the above public sale procedure on December 20, 2007, the land of this case was sold by public auction to the defendant, and the registration of transfer of ownership was completed to the defendant under the Seoul Central District Court's Branch Registry No. 274 on January 3, 2008.

E. The Defendant sought against the buyer of the instant building, including the Plaintiff, the removal of the instant building, the delivery of the instant land, and the payment of unjust enrichment equivalent to the rent of the instant land.