1. The defendant

(a) leave the buildings listed in the annexed list (2) and entry in (1) of the same list;

1. Facts of recognition;

A. On January 11, 2010, the Plaintiff completed the registration of ownership transfer on the ground of a consultation on the land for public use on January 5, 2010 with respect to the land for public use in Gyeyang-gu, Gyeyang-gu, Gyeyang-gu, Seoul, incorporated into the said project district.

B. The Defendant occupies the instant land by using the buildings listed in the [Attachment List (2) located on the ground (hereinafter “instant land”) of the land listed in the [Attachment List of Articles (1) among the land listed in the land listed in the [Attachment List of Articles (2) in Gyeyang-gu, Yangyang-gu (hereinafter “instant land”).

C. On October 23, 2012, the Plaintiff paid KRW 4,000,000 to the Defendant for compensation for the instant building, and the Defendant entered into an agreement on compensation for obstacles to remove or relocate the instant building.

As of January 1, 2010, the individual officially announced value of the instant land is KRW 720,000 per square meter.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1-4, the purport of the whole pleadings

2. Determination on the cause of the claim

A. According to the above facts, the Plaintiff was the owner of the instant land and the implementer of the Bogeumjari Housing District Development Project, and was fully paid compensation for losses to the Defendant following the judgment of the Central Land Tribunal.

Therefore, the defendant is obligated to leave the building of this case in accordance with Article 43 of the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor and to deliver the land of this case to the plaintiff, barring special circumstances.

B. In addition, the Defendant, while occupying and using the instant land, obtained the benefits of use without any legal ground, and thereby inflicted damages equivalent to the same amount on the Plaintiff.

Therefore, the plaintiff is obligated to return this as unjust enrichment to the plaintiff.

Furthermore, with respect to the amount of unjust enrichment to be returned by the defendant, the health account and the amount of profit from the possession and use of real estate in ordinary cases.