1. The defendant shall be the plaintiff.

(a) As regards KRW 64,106,120 and KRW 50,500 among them, KRW 64,106,120 shall be from August 12, 2016; and KRW 13,606,120.

1. Facts of recognition;

A. On April 24, 200, the Plaintiff: (a) sold the land listed in Paragraph (b) of Paragraph (1) of the Disposition D (hereinafter “instant land”) in the real estate auction case; (b) completed the registration of ownership transfer in the name of the Plaintiff on May 4, 2000 as the receipt of No. 18090, the Seoul District Court Branch Branch Branch Branch of the Seoul District Court (Seoul District Court Decision 18090).

(Seoul District Court Southern Branch E).b.

On February 19, 2008, on the ground of the instant land, registration of preservation of ownership was completed in the name of the Defendant on February 19, 2008 with respect to the multi-family house (4 households) with the fourth floor of the brick sloping roof (hereinafter “instant building”).

C. On February 19, 2008 - February 18, 2017, the assessed value of the rent for the instant land possessed and used by the Defendant by possessing the instant building is as follows.

On the other hand, the plaintiff was rendered a favorable judgment on June 3, 2003 in the claim for rent against D, and the judgment became final and conclusive on July 23, 2003.

As the Plaintiff acquired ownership of the instant land and the building on the instant land, the Plaintiff, the landowner, shall be deemed to have set up superficies on the instant land against D, the owner of the instant land, and D, as a superficiary, is obligated to pay the land rent for the instant land to the Plaintiff.

(Evidence Evidence) Facts that there has been no dispute, entry in Gap evidence 1 through 3, the purport of the whole pleadings, and the purport of the whole pleadings

2. Therefore, as to the Plaintiff’s unjust enrichment, the Defendant’s KRW 64,106,120 as well as KRW 50,50,00 from August 12, 2016 following the delivery date of a copy of the instant complaint, and as to KRW 13,606,120 as to the remainder 13,6,120 from February 28, 2017 following the delivery date of the application for modification of the purport of the instant claim and the cause of the instant claim, which is the day after February 28, 2017, deemed reasonable to dispute over the scope of the Defendant’s obligation to perform, and as to the promotion of the lawsuit, from the following day to the day of full payment.