1. The appeal by the defendant (appointed party) is dismissed;

2. The costs of appeal shall be borne by the defendant (appointed party).

1. The scope of the trial at the court of first instance accepted part of the Plaintiff’s request for removal of buildings, etc. installed on the land in this case against C, delivery of the part of attached drawing(s) in this case from February 18, 2004, and return of unjust enrichment from February 18, 2004 to that of the Plaintiff, and the Plaintiff’s claim for restitution of unjust enrichment from December 6, 1988 to February 17, 2004 against the Defendant (Appointed Party). The court of first instance rejected part of the Plaintiff’s request for restitution of unjust enrichment from the Plaintiff’s designated Party C (the part of claim for restitution of unjust enrichment from May 27, 2005 to delivery of land) and partly dismissed the Plaintiff’s claim for restitution of unjust enrichment from February 18, 2004 to May 26, 2005 (the part of claim for restitution of unjust enrichment from February 18, 2004 to the Plaintiff’s claim for restitution of unjust enrichment from Defendant (the Plaintiff’s claim for restitution of unjust enrichment).

The part against which the plaintiff did not appeal is excluded from the scope of the adjudication of this Court, as only the defendant (appointed party) appealed.

2. Facts of recognition;

A. The Plaintiff completed the registration of ownership transfer on May 27, 2005 with respect to the instant land on the ground of donation on May 24, 2005.

나. 피고(선정당사자)는 1994. 7. 15.부터 이 사건 토지 지상에 별지1 도면 표시 1, 2, 3, 4, 5, 6, 7, 8, 1의 각 점을 순차로 연결한 선내 ㈀ 부분 조립식건물 118㎡, 같은 도면 표시 9, 10, 11, 1, 9의 각 점을 순차로 연결한 선내 ㈁ 부분 냉동창고 11㎡, 같은 도면 4, 13, 14, 15, 16, 17, 18, 5, 4의 각 점을 순차로 연결한 선내 ㈂ 부분 마당(콘크리트) 128㎡, 같은 도면 표시 6, 5, 18, 19, 20, 6의 각 점을 순차로 연결한 선내 ㈃ 부분 테라스(콘크리트) 35㎡(이하 위 선내 ㈀, ㈁, ㈂, ㈃ 부분을 통틀어 ‘이 사건 각 건축물’이라 한다)를 각 신축하여 소유하면서 그 부지인 이...