1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. The reasoning for the court’s explanation on this part of the basic facts is as stated in the reasoning of the judgment of the first instance, except for the following parts, and therefore, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

From the fourth 6 line of the judgment of the first instance, “D.” to the same 20 line “.............” to the same 20 line shall be applied as follows:

D. The Plaintiff’s guarantee for the acquisition of shares in the above land was concluded between C and H (hereinafter “H”) on April 22, 2013, following the process of the compulsory auction among the portion of multi-family housing owned by the above apartment that was not sold in the process of compulsory auction and the public auction on the instant land, and concluded a sales contract on each of the above real estate with H (hereinafter “H”). On January 13, 2015, the Plaintiff acquired the status of H as the purchaser under the above sales contract, and completed the registration of ownership transfer in the Plaintiff’s name on some of the instant land. (e) The guarantee for the transfer of the right for the return of unjust enrichment on the instant land was transferred to the Plaintiff on February 2, 2015, “the right for the return of unjust enrichment equivalent to the rent granted to the owner of an apartment who has no right to use the land based on the instant land ownership, and thereafter notified the Defendant of the assignment of claims thereafter. The Housing Guarantee transferred to the Defendant by the Defendant includes the claim for return of unjust enrichment against the Defendant.”

2. Determination as to whether the obligation to return unjust enrichment exists

A. Since the owner of a section of exclusive ownership without a right to use the site occupies the site of the section of exclusive ownership without any legal ground, he/she obtains unjust enrichment equivalent to the rent for the area corresponding to the portion to be registered as the site ownership of the said section of exclusive ownership among the relevant site, and the owner of the share to be registered as the above site ownership suffered damages equivalent to the same amount, barring any other special circumstances.