1. The Defendant is the Plaintiff with regard to KRW 8,771,272 and KRW 330 square meters from April 1, 2015, in relation to the Plaintiff’s 330 square meters prior to B in Ulsan-gun.

1. Basic facts

A. C newly constructed and owned the instant building, which is an unregistered building on the ground of the instant land owned by it, and entered into a sales contract with the Defendant on August 24, 1984 to sell the instant building site and building to the Defendant.

B. According to the above sales contract, the defendant has been transferred the site and building of this case from C and has been occupied and used until now.

C. C died on or around February 1995, and D completed the registration of ownership transfer based on inheritance by consultation and division as of May 15, 2002, the receipt of the Daegu District Court No. 526, Ulsan District Court No. 526, Feb. 195, 1995.

On May 6, 2010, E completed the registration of transfer of ownership due to compulsory auction on April 14, 2010, under Article 508 of the above registry office’s receipt on May 6, 2010, and the Plaintiff completed the registration of transfer of ownership due to sale by compulsory auction on January 14, 2013, under Article 64 of the above registry office’s receipt on October 26, 2012.

E. The appraised value of the instant land during the period from November 14, 2013 to March 31, 2015 is 8,771,272 won in total, and the appraised value of monthly rent from January 1, 2015 to March 31, 2015 is 546,700 won in total.

[Ground of recognition] Gap evidence Nos. 1, Eul evidence Nos. 1 and 2, the result of the commission of the appraisal of rent to the Daegu-Pacific Appraisal Corporation, Daegu-Seoul, the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts of determination as to the cause of claim, the defendant without any authority occupies the land of this case for the purpose of occupying the building of this case. Thus, barring any special circumstance, the defendant is obligated to remove the building of this case to the plaintiff who is the owner of the land of this case, deliver the land of this case, and return unjust enrichment equivalent to the profits from the use of the land of this case.

B. The defendant's assertion 1 as to the defendant's defense is that the defendant permits the burden of legal superficies.