1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. Of 1,698.2 1,334.62 square meters in Suwon-si, Suwon-si, Suwon-si (hereinafter “instant land”), the share of 1,698.2/1,69 among the instant land was registered as the ownership of a part of the exclusive ownership of the second underground floor and the fifth aggregate building (hereinafter “instant building”) constructed on the ground of each of the instant land on September 9, 201, as the share of 291.8/1,698 of the instant land.

B. On April 28, 2011, the Plaintiff acquired ownership during the public auction procedure on shares 66.12/1,698.2 (hereinafter “Plaintiff’s shares”) where no right to a site is registered among the instant land.

C. In addition, the Plaintiff filed a lawsuit seeking the registration of ownership transfer as to subparagraph 8 of the first floor and subparagraph 15 of the first floor against D, the owner of the first floor and subparagraph 8 of the first floor and subparagraph 15 of the first floor, on the premise of exercising the right to claim sale under Article 7 of the Act on the Ownership and Management of Aggregate Buildings (hereinafter “Act on the Ownership and Management of Aggregate Buildings”), and filed a lawsuit seeking the registration of ownership transfer as to subparagraph 8 of the first floor and subparagraph 15 of the first floor (U.S. District Court 201Da85440) on July 3, 2012, and the Plaintiff completed the registration of ownership transfer as to subparagraph 8 of the first floor and subparagraph

Meanwhile, on October 18, 2012, a compulsory auction under subparagraph 15 of the first floor among the instant buildings was commenced, and the Defendant was awarded a successful bid in the said compulsory auction procedure on May 9, 2014 and completed the registration of ownership transfer on May 19, 2014.

[Ground of recognition] Facts without dispute, entry of Gap 1, 2, 3, and 5 evidence, the purport of the whole pleadings

2. The assertion and judgment

A. Since there is no right to use the Plaintiff’s 15th floor of the 1st floor of the instant building, the Defendant is obligated to pay unjust enrichment equivalent to the rent stated in the purport of the claim due to the return of unjust enrichment, since the Defendant, among the instant land, uses and takes profits from the Plaintiff’s share not registered as the site ownership of the instant building.

B. Article 20 of the Aggregate Buildings Act provides that the sectional owner's right to use the site.