1. Of the judgment of the court of first instance, the part against the defendant B which exceeds the amount ordered to be paid below shall be cancelled.

Basic Facts

On November 1, 2013, the Plaintiff completed the registration of ownership transfer on November 5, 2013, with respect to the land of 2,327 square meters (hereinafter “instant land”) prior to Gyeonggi-gun E (hereinafter “instant land”).

Defendant B, on October 14, 2002, built a part of building 137 square meters in the ship (hereinafter “instant building”) that connects each point of the attached Table 1, 2, 3, 4, and 1 to the instant land in sequence, and obtained approval for use.

Defendant C Co., Ltd. (the first trade name was F, but was changed to C Co., Ltd. on July 2, 2015), around November 2002, leased the instant building from Defendant B and occupied and used it until November 2014.

Among the instant land, the materials listed in the attached list (hereinafter “instant building materials, etc.”) are stored in the remainder of the instant building part, excluding the instant building parts.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5 and 8 (including each number in the case of provisional number), the result of a request for surveying and appraisal by the court of first instance for the overall purport of pleadings, and the Plaintiff’s assertion by the party concerned, etc. are owned by the defendant C company. The plaintiff filed a request for auction of the building materials, etc. in this case and sold them on July 13, 2016, and delivered and executed the land of this case on October 19, 2016.

Therefore, Defendant B is obligated to pay to the Plaintiff the sum of 32,204,444 won as a sum of unjust enrichment equivalent to the rent due to the possession of 2,327 square meters of the instant land from November 11, 2013 to October 19, 2016. Defendant C is jointly and severally liable with Defendant B to pay 2,190 square meters of unjust enrichment equivalent to the rent due to the possession of 2,327 square meters of the instant land during the same period (=2,327 square meters of land - 137 square meters of land).

The building materials of this case alleged by the defendant are not owned by the defendant C company, and the defendant C company is not an occupant of the land of this case, and thus there is room for the return of unjust enrichment.