1. The defendant shall be the plaintiff.

A. The Dong-gu, Ulsan-gu CJ 389.9m2 is one-story prefabricated roof, one-story, one-story, a building of 24m2.

1. Facts of recognition;

A. The Dong-gu, Ulsan-gu, Seoul (hereinafter “instant land”) owned a network D. The Plaintiff inherited 27.125/110 of the instant land on June 18, 1949, and completed the registration of ownership transfer on April 3, 2013.

B. On April 1, 2009, the Defendant entered into a lease agreement with E to lease the instant land, and from May 30, 2009, occupied and used the instant land by owning 24 square meters of a prefabricated-type building on the instant land (hereinafter “instant building”).

C. From May 29, 2011 to May 30, 2016, the rent for the portion of 27.125/110 of the instant land is KRW 28,836,720, and as of May 30, 2016, the rent as of May 30, 2016, is KRW 819,880 per month, and the rent after May 30, 201 is presumed to be KRW 819,880 per month.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence No. 1-1 through 5, the result of the commission of appraisal of rent to appraiser F by this court, the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts of recognition as to the cause of the claim, the defendant obtained benefits equivalent to the rent by occupying and using the land of this case without any legal cause. Accordingly, the plaintiff suffered damages equivalent to the amount of the rent equivalent to its share out of the rent amount.

Therefore, barring special circumstances, the Defendant, as an act of preserving jointly-owned property, seeking the removal of disturbance and return of jointly-owned property, and at the same time, is the owner of 27.125/110 of the instant land, seeking the return of unjust enrichment, is obligated to remove the instant building, deliver the instant land, and, as requested by the Plaintiff, return unjust enrichment calculated at the rate of KRW 28,836,720, the sum of rent for the Plaintiff’s share out of the instant land from May 29, 201 to May 30, 2016 and KRW 819,880,00 per month from June 1, 2016 to the completion date of delivery of the instant land.