1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

3. The judgment of the court of first instance is subject to Paragraph (1).

1. Basic facts

A. The Plaintiff is an implementer of the “C development project” designated and publicly notified by the Ministry of Land, Transport and Maritime Affairs as a housing zone B (hereinafter “instant project”).

B. On January 17, 2013, the Central Land Tribunal rendered a ruling of expropriation that “the Plaintiff, for the instant project, expropriates each land indicated in attached Table 1.1 (hereinafter referred to as “F land”, “G land”, and each of the above land collectively referred to as “instant land”), determines compensation for losses in total at KRW 1,065,209,80, and the date of commencement of expropriation shall be February 6, 2013.”

Accordingly, the Plaintiff paid KRW 1,065,209,80 to the Defendant around January 201, 2013, and completed the registration of ownership transfer on the ground of expropriation on March 7, 2013, the Suwon District Court’s Ansan Branch Decision No. 13346, supra.

C. On December 19, 2013, the Central Land Tribunal rendered a ruling of acceptance that “the Plaintiff accepted buildings and other obstacles listed in attached Table 2.2, “Real Estate List” (hereinafter “the instant building”) owned by the Defendant for the instant project, and determined compensation for losses at KRW 366,013,330, and the starting date of expropriation shall be February 11, 2014.” Accordingly, the Plaintiff deposited KRW 36,013,330 as the Defendant on February 7, 2014.

Even after the judgment of the court of first instance was rendered, the Defendant occupied the instant land and buildings, and transferred the instant land and buildings to the Plaintiff on October 12, 2016.

[Reasons for Recognition] Unsatisfy, entry in Gap evidence 1 through 7 (including each number in the case with a serial number) and the purport of the whole pleadings

2. Determination as to the cause of action

(a) A person who owns a building, structure, etc. on the land owned by another person without authority shall be equivalent to the rent for the land owned by another person as his/her own property, except in extenuating circumstances;