1. The defendant shall be the plaintiff.

(a) remove the buildings listed in Appendix 1;

B. From 16,39,740 won and February 5, 2016, Seoul.

1. Basic facts

A. On November 25, 1999, the Defendant acquired the ownership of the Dongjak-gu Seoul Metropolitan Government C large 136 square meters (hereinafter “instant land”) and the annual and 53.8 square meters (hereinafter “instant previous buildings”) of the instant land and the instant land, respectively.

On September 25, 2009, the instant land and the instant previous building completed the registration of creation of a mortgage consisting of KRW 300,000,000 with the maximum debt amount, KRW 150,000 with the maximum debt amount, KRW 150,00,000 with the maximum debt amount, and KRW 120,000 with the maximum debt amount, KRW 120,000 with the maximum debt amount, KRW 120,000 with the maximum debt amount, KRW 20,00 with

B. On September 30, 2011, the auction procedure was initiated at H of the Seoul Central District Court on the instant land. The Plaintiff paid the proceeds of sale on April 16, 2015 and completed the registration of ownership transfer on April 17, 2015 after receiving a successful bid of the instant land at the said auction procedure.

C. Meanwhile, the instant land has a building indicated in attached Form 1 (hereinafter “instant unregistered building”) without obtaining a building permit, and its current status is as shown in attached Form 2.

[Ground of recognition] Evidence Nos. 1 through 3, Gap evidence No. 5, Gap evidence No. 7, and the purport of the whole pleadings

2. Judgment as to the main claim

A. The Plaintiff’s assertion that the Defendant owned the unregistered building of this case without title. As such, the Defendant sought against the Defendant for reimbursement of unjust enrichment equivalent to the removal of the unregistered building of this case and the removal thereof and rent.

B. 1) Since removal of a building constitutes a factual act that constitutes a final disposition of ownership, in principle, the owner of the building (in principle, the owner of the registered title is entitled to remove and dispose of the building only to the registered title holder).

As an exception, a person who is in the position of legal or factual disposal of a building in possession within the scope of the right, such as purchasing and possessing the building from the former owner.