1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

Claim:

1. Basic facts

A. On March 14, 2008, the registration of the transfer of shares in the name of F (3/9 of shares), G (2/9 of shares), H (2/9 of shares), I (1/9 of shares), and J (1/9 of shares) was completed with respect to the land of Yongsan-gu Seoul Metropolitan Government E-gu (hereinafter “instant land”).

B. Since then, J purchased shares of H on March 2, 201, and completed the transfer registration on May 12, 201 by purchasing shares of H, and on May 12, 201, and the Defendant purchased shares of F and G on May 12, 201 and completed the transfer registration.

As of May 12, 2011, the registration of transfer of shares in J (4/9 of shares) and Defendant (5/9 of shares) has been completed with respect to the land in this case as of May 12, 201.

C. On August 9, 2013, the Plaintiff purchased the instant land through this Court C real estate auction case and completed the registration of ownership transfer.

The Defendant owned 49.5 square meters of an unauthorized building located on the instant land before August 10, 2013 (hereinafter “instant unauthorized building”).

The owner of the building without permission prepared on July 22, 2013 with respect to the building without permission of this case is the defendant.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, since the Defendant owned the instant building without permission and occupied and used the instant land as its site, the Defendant is obligated to return the amount equivalent to the rent for the instant land for the period from August 10, 2013 to the date the delivery of the instant land is completed, to the Plaintiff.

Next, according to the results of appraisal of rent by appraiser D of the lower court as to the amount of unjust enrichment, the rent for the instant land is KRW 16,244,920 in total for the period from August 10, 2013 to August 9, 2014, and KRW 1,437,080 in monthly for the period from August 10, 2014, and KRW 16,244 in total for the period from August 10, 2013 to August 9, 2014. Thus, the Defendant recognized that the Plaintiff was the Plaintiff’s rent for the period from August 10, 2013 to August 9, 2014.