1. The defendant's appeal is dismissed.

2. The decision of the first instance is as follows, subject to the amendment of the purport of the claim in the trial.

1. Facts of recognition;

A. On November 28, 1992, F obtained a construction permit to construct a multi-household building consisting of one underground floor, four stories above ground, and ten households on the ground of Bupyeong-gu Incheon Metropolitan Government, Bupyeong-gu, Incheon (hereinafter “instant land”).

Based on the above building permit, GGL was constructed on the land of this case (hereinafter “GGL”).

B. On May 17, 1993, Korea acquired the instant land and completed the registration of ownership transfer on April 13, 2007 in the public auction procedure based on the registration of attachment, which was completed by I with respect to the instant land.

J purchased the instant land from I and completed the registration of ownership transfer on October 19, 2007.

On July 1, 2016, the Plaintiff (Appointed Party) and the designated parties (hereinafter referred to as “Plaintiffs”) purchased each of the instant land from J on July 1, 2016 and completed the registration of transfer of ownership by acquiring each of the instant land from the Plaintiff (Appointed Party), 3/10, 3/10, 3/10 and 4/10.

C. On December 15, 2009, K completed the registration of ownership preservation without registering the right to a site, with respect to G Borrowing L (hereinafter “instant building”).

The Defendant purchased the instant building from K and completed the registration of ownership transfer on December 28, 2009.

The J filed a lawsuit against GGD owners, including the Defendant, against the Plaintiff on July 18, 2014, which was before selling the instant land to the Plaintiffs, as the Incheon District Court 2014da49189.

On June 24, 2015, the above court rendered a judgment that recognized that the Defendant, etc. obtained benefits by occupying and using the instant land without any legal cause, including “the Defendant shall pay to J 4,912,630 won and 20% interest per annum from January 20, 2015 to the date of full payment, and from June 21, 2014, J lost the ownership of the instant land, or until the Defendant completed possession of the said land, with the amount of KRW 100,120 per month.”