1. Defendant B:

(a) remove the buildings listed in Annex 2;

(b) Appendix 1.

1. Facts of recognition;

A. Defendant C continued to own the instant land after completing the registration of ownership transfer on April 27, 1989 with respect to the land listed in paragraph (1) of [Attachment List] (hereinafter “instant land”).

On August 16, 2018, the Plaintiff acquired the ownership of the instant land by public sale, and completed the registration of ownership transfer on August 29, 2018.

B. Since the registration of preservation of ownership was completed on March 17, 1992, Defendant B, as Defendant C’s attached Table 2 (hereinafter “instant building”), owned the building until now.

The instant building is located on the ground of the instant land.

C. Defendant D’s wife, Defendant E, F, G, and H are children of Defendant C and are residing in the instant building.

The instant land is 929 square meters, and annual rent is 32,329,200 won from August 16, 2018 to August 15, 2019, and rent for 142 days from August 16, 2019 to January 4, 2020 is 12,57,390 won.

The monthly rent of the instant land is KRW 2,694,100, and the monthly rent per square meter is KRW 2,900.

[Ground of recognition] The fact that there is no dispute, Gap's 1 or 3 evidence, the result of appraiser I's appraisal of rent, the purport of whole pleading

2. Judgment as to the main claim

A. According to the facts acknowledged prior to the occurrence of the judgment as to the claim against Defendant B, delivery, and the obligation to return unjust enrichment, Defendant B, the owner of the instant building, barring any special circumstance, shall be deemed to possess the part of the instant building out of the instant land. Thus, Defendant B, the owner of the instant land, bears the duty to remove the instant building and deliver the parts of the instant building out of the instant land, and return unjust enrichment equivalent to the rent for the occupied part of the instant land.

Therefore, Defendant B removed the instant building to the Plaintiff, and ② delivers the instant building part out of the instant land, and ③ as unjust enrichment return, the Plaintiff is a return of the instant building.