1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The defendant newly constructed the instant building and completed the registration of ownership preservation on March 27, 1981.

B. The Defendant, without preparing a lease contract from I, who is the former owner of the instant land, agreed to lease the instant land without a fixed period of time, but, with the intention of owning the instant building on its ground, to pay 200 U.S. dollars each year in the rent without any deposit (hereinafter “instant lease contract”), occupied and used the instant land.

C. On July 16, 2013, the Plaintiff and his spouse J (hereinafter “Plaintiff, etc.”) completed the registration of transfer of ownership based on the purchase and sale of each half of the instant land from I on May 13, 2013 (each transaction value of KRW 11,293,425, totaling KRW 22,586,850).

Plaintiff

On July 23, 2013, the Plaintiff, etc. notified the Defendant of the content-certified mail, “The Plaintiff, etc. acquired the instant land from the former owner I as of May 13, 2013, and succeeded to the instant lease agreement with the former owner, and thus, terminated the land lease agreement with the former owner, and accordingly, notified the Defendant of the removal of the instant building and delivery of the land.” The said notification reached the Defendant on July 25, 2013.

E. Thereafter, the Plaintiff filed the instant lawsuit seeking removal of the instant building on July 25, 2014, and unjust enrichment on the land transfer and rent parties, while not entering into a new lease agreement without removing and delivering the instant building.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 6, 7, 8, 13, Eul evidence Nos. 1, 2 and 3 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion that the Plaintiff 1 did not pay more than two cars, and the Plaintiff terminated the lease contract for the instant land. As such, the Defendant removed the instant building and transferred the instant land to the Plaintiff.