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1. Defendant B Co., Ltd. shall remove the buildings listed in the attached list No. 2 to the Plaintiff, and the attached list No. 1.
Reasons
1. Basic facts
A. On April 9, 2014, Defendant B Co., Ltd. (hereinafter “Defendant B”) completed the registration of creation of a collateral security right and superficies in the future of the debtor, Defendant B, the maximum debt amount of KRW 720,000,000, with respect to the land indicated in paragraph (1) of the attached list owned by the said company (hereinafter “instant land”).
B. On May 29, 2014, Defendant B obtained a building permit for the building listed in [Attachment List No. 2 (hereinafter “instant building”). On February 2, 2015, Defendant B commenced the construction of the instant building on the instant land, but the said new building was suspended during the process.
C. On December 21, 2017, the Plaintiff acquired the ownership by fully paying the sales price as the highest bidder in the Daegu District Court G real estate auction case filed by F, Inc., a collateral security right holder, for the instant land.
Defendant C, D, and E, in relation to the new construction of the building of this case, occupied the building of this case on the ground that they did not receive the price, and claimed a lien.
E. Meanwhile, as of December 22, 2017, monthly rent of the instant land is KRW 3,612,000.
【Ground of recognition】 The fact that there has been no dispute, each entry of Gap 1 through 3 (including serial number), the result of entrustment of appraisal of rent to appraiser H, the purport of the whole pleadings
2. Determination
A. The part of the claim against Defendant B was examined, and Defendant B possessed the instant land without any authority. As such, Defendant B, barring any special circumstance, has the duty to remove the instant building to the Plaintiff, deliver the instant land, and return unjust enrichment equivalent to the rent calculated at the rate of KRW 3,612,00 per month from December 22, 2017 to the completion date of delivery of the instant land.
As to this, Defendant B had the purpose of constructing the instant building.