The Defendant, as the Plaintiff

(a) removed the buildings listed in the separate sheet;

(b) deliver the land listed in the separate sheet;

According to Gap evidence Nos. 1, 2, and 5 as to the cause of the claim, and according to the result of the measurement, appraisal, and the overall purport of the argument as to the chief executive officer and branch office of the Korea Land Information Corporation, this court held that the plaintiff paid the proceeds of sale on Jan. 15, 2020 and completed the registration of ownership transfer on Jan. 28, 2020, the defendant newly constructed a building on the ground of this case as indicated in the separate sheet (hereinafter “instant building”) and completed the registration of ownership transfer on Jan. 12, 2016 after obtaining approval for use on September 27, 2012, and the defendant occupied and used the instant land as the site of the instant building.

According to the above facts, the land of this case is deemed to be owned by the plaintiff, and the defendant, as the owner of the building of this case who newly constructed the building of this case, obtains profit equivalent to the profit from the use of the land of this case by occupying and using the land of this case as the site of the building of this case, and thereby causes damage equivalent to the plaintiff, barring special circumstances, the defendant is obligated to remove the building of this case on the ground of the land of this case to the plaintiff, deliver the land of this case, and return the profit equivalent

Furthermore, this paper examines the amount of unjust enrichment to be returned by the defendant.

The amount of profit from the possession and use of the ordinary real estate is the amount equivalent to the rent of the real estate.

According to the result of appraiser D’s appraisal of rent, it can be recognized that the Plaintiff’s rent of 412 square meters out of the instant land from January 15, 2020 to the date of the closing of argument in the instant case, which the Plaintiff acquired ownership of the instant land, is the same amount as the rent after the date of closing of argument in the instant case.

Ultimately, the amount of unjust enrichment that the Defendant ought to return to the Plaintiff is from January 15, 2020 to the delivery date of the instant land.