1. The Defendant removed the building indicated in the attached list to the Plaintiff and transferred the land indicated in the attached list to the Plaintiff, and on January 2015.

On January 7, 2015, the Plaintiff acquired the land listed in the attached list as a voluntary auction.

The defendant newly constructed a building listed in the attached list on the above land and owns it as unregistered.

Since the acquisition date of the above ownership, the rent of the above land is KRW 179,00 per month.

[Grounds for recognition] A1 or 6, the result of appraisal commission, the plaintiff's removal of the building, the delivery of land, and the claim for restitution of unjust enrichment, as a whole, the defendant's assertion that the defendant had legal superficies since the defendant constructed the above building with the consent of the person with superficies over the above land, but the above ground does not constitute the elements for establishing

In addition, the defendant asserts that if the owner of the previous land rents the above land at KRW 100,000 won per month, the plaintiff may oppose the right to purchase the above lease and the right to purchase the above land. However, there is no ground to deem that even if the defendant leased the above land from the owner of the previous land, it may oppose the plaintiff, and there is no ground to regard the plaintiff's claim as abuse of rights.

Therefore, the defendant is obligated to remove the above building and deliver the above land to the plaintiff, and to pay unjust enrichment equivalent to the rent in proportion to the rate of KRW 179,000 per month from January 7, 2015 to the above delivery date. Therefore, it is so decided as per Disposition.