The plaintiff's appeal concerning the claim for return of unfair benefit among the judgment of the first instance is dismissed.

In addition to this Court.

1. Facts of recognition;

A. C’s new construction of the instant building and the installation of a parking lot attached to the instant building were newly constructed on the ground of 4:00 square meters from around 1993 to around 1995 on a net city D, 289 square meters (hereinafter “instant building”). During that process, C installed the instant land owned by himself as a parking lot attached to the instant building and reported thereon.

B. 1) The Plaintiff purchased the instant land from C on July 1, 2003, and completed the registration of ownership transfer on September 29, 2003, after acquiring the instant land.

2) On June 28, 2006, the Plaintiff entered into a contract to establish a right to collateral security with the maximum amount of KRW 78 million on the instant land as H (hereinafter “H”), and completed the registration of establishment of a right to collateral security and the establishment of a superficies thereon on the same day.

3) On December 29, 2011, the Plaintiff cancelled the registration of the establishment of a right to collateral security and the registration of the establishment of superficies on the instant land.

On December 29, 2011, the Plaintiff entered into a superficies contract on the instant land: (a) the debtor as the Plaintiff; (b) the debtor as the Plaintiff; (c) the maximum amount of the claim; and (d) the superficies person as the I association; (b) the purpose of superficies is “the ownership of buildings, other structures, or trees”; (c) the scope of superficies as “the entire land of this case”; and (d) the duration of superficies as “30 years from December 29, 201,” and completed the registration of the establishment of a mortgage and the establishment of superficies thereon on the same day.

4) As of December 18, 2020, the registration of the creation of superficies under the name of the I association is in existence on the instant land.

(c)

The defendant's building of this case.