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1. The Plaintiff:
A. The Selection Co., Ltd.: (1) 1) 1 to 8 (a) 10314m2 of the forest land D in Seosan-si, Seosan-si, and (b) 1 to 1.
Reasons
1. The plaintiff's assertion and judgment
A. The facts of recognition (1) on May 27, 2005, the Plaintiff acquired ownership of 10314 square meters of D forest land in Seosan-si. The Defendant (Appointed Party; hereinafter “Defendant”) (hereinafter “Defendant”) owned each of the buildings listed in Disposition 1-A, (1), and (a) on the above land from July 15, 1994, and owned each of the buildings listed in Disposition 1-A, (1), and (a) on the above land (hereinafter “instant building site”). The Plaintiff occupied each of the buildings listed in Disposition 1-A, (1), (b), and hereinafter “instant site”). The Plaintiff transferred the ownership of each of the above buildings to C around February 17, 2004, and the Defendant B currently occupied each of the buildings and the site in this case.
(2) The rent for the use of the instant site is KRW 3,224,84 from December 6, 198 to February 17, 2004; KRW 7,547,892 in total from February 18, 2004 to June 30, 2013; and KRW 98,260 in each month.
[Grounds for recognition] Evidence Nos. 1 through 5, verification, appraisal results, the purport of the whole pleadings
B. (1) According to the facts of recognition, C, who is the owner of each building of this case, has the duty to remove each building of this case to the land owner and deliver the site of this case to the land owner, and Defendant B has the duty to withdraw from the site of this case.
(2) Although the Plaintiff sought unjust enrichment from around 1988, the Plaintiff may seek as the owner of unjust enrichment after May 27, 2005 that it acquired the Plaintiff’s ownership. The claim against Defendant B is without merit.
In addition, the Selection C is obliged to pay the sum of the unjust enrichment of 7,211,344 won [1,234 won per annum from May 27, 2005 to June 30, 2013] and the sum of the appraised amounts of 181,234 won per annum from May 27, 2005 to December 5, 2005 (342,750 won per annum x 193/365 days per annum, and less than KRW 193/365), and damages for delay calculated at the rate of 20% per annum from April 5, 2014 to June 25, 2014, the following day following the application for changing the purport of the claim and the grounds for the claim, which the Plaintiff seeks, from March 28, 2014 to June 25, 2014.
(iii).