1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

1. Basic facts

A. On December 28, 2007, the building owner started around 2005 and obtained approval for use from the Plaintiff. The first floor of the building was registered in the management office of the Plaintiff, and the second floor of the building was registered in each building register for the purpose of the Plaintiff’s lodging room.

B. On April 22, 2014, the Plaintiff completed registration of initial ownership relating to the instant building.

C. The Defendants, as their family members, reside in the second floor from the time of the construction of the instant building.

The rent for the second floor of the instant building is KRW 2,169,000 on January, 2015.

[Ground of recognition] Fact that there is no dispute, Gap evidence 1, Eul evidence 2, each entry of Eul evidence 2, document testimony of L of the first instance court witness, the result of entrustment of the appraisal of rent by the first instance court, the purport of whole pleadings

2. Determination on the cause of the claim

A. According to the above facts as to the duty to deliver the second floor of the building of this case, the plaintiff is presumed to be the owner of the building of this case. Thus, the defendants who possess the second floor of the building of this case have the duty to deliver the second floor of this case to the plaintiff, barring special circumstances.

B. According to the above facts in regard to the duty to return unjust enrichment equivalent to the rent, the Defendants obtained profit equivalent to the rent by occupying and using the second floor of the instant building, and thereby inflicted damage on the Plaintiff. The Defendants, barring special circumstances, are obligated to pay to the Plaintiff unjust enrichment calculated by the ratio of KRW 2,169,000 per month from October 1, 2014 to the completion date of delivery of the second floor of the said building (the rent for the said period is presumed to be the same amount as the rent on January 2015), as sought by the Plaintiff.

3. Judgment on the defendants' assertion

A. The Defendants primarily concluded a construction contract with Defendant B on the construction business and paid all the construction cost to the construction business operator. The second floor of the instant building was constructed to be used as a personal residential place for the Defendants’ family members. The ownership of the second floor of the instant building is owned.