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1. Defendant A:
A. Attached drawings 25, 26, 27, 28, 29, among the F 270 square meters in Jeju Special Self-Governing Province.
Reasons
1. Basic facts
A. On November 11, 1988, Defendant A leased and used the land indicated in the separate sheet (hereinafter “instant land”) from L, and renewed the lease by constructing and using the household buildings indicated in the order on that ground. On April 15, 2007, Defendant A renewed the lease term at one year and four million won for annual rent. From around 2014, Defendant A renewed the lease term at KRW 8.5 million for annual rent.
B. Defendant B, C, D, and E are occupying each part of the building indicated on the order of the instant land from Defendant A.
C. The Plaintiff purchased the instant land from L on May 20, 2016, and completed the registration of ownership transfer on July 15, 2016.
The annual rent of the land of this case is as shown in the attached Table.
[Ground of recognition] Facts without dispute, Gap 1, 2, 3 (including virtual numbers; hereinafter the same shall apply), Eul 1 and 2 evidence, appraiser M's appraisal, the purport of the whole pleadings
2. Claims against Defendant A, B, and E;
A. According to the facts of recognition as above, Defendant A, as the owner of the instant land, has a duty to remove the building indicated on the order installed on the instant land and deliver the instant land to the Plaintiff, unless it proves the legitimate title to occupy the instant land. As sought by the Plaintiff, Defendant A, as the owner of the instant land, has a duty to return unjust enrichment equivalent to the amount of rent calculated at the rate of KRW 31,159,200 per annum from April 16, 2017 to April 15, 2017, which is the day following the expiration of the lease term with L from April 16, 2017 to the completion of the above removal and delivery obligation. Defendant B and E have a duty to withdraw from the building indicated on the order.
B. Determination on the assertion of Defendant A, B, and E (1) As Defendant A, and B leased the instant land for the purpose of owning a building or any other structure, the lease term expires, pursuant to Article 283 of the Civil Act applied mutatis mutandis pursuant to Article 643 of the Civil Act.