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1. The defendant shall be the plaintiff.
(a) remove the buildings listed in paragraph 1 of the attached list and the land listed in paragraph 2 of the attached list;
Reasons
1. Basic facts
A. The Defendant’s ownership of real estate 1) On July 22, 2010, the building indicated in paragraph (1) of the attached Table No. 1 (hereinafter “instant building”).
2) The land indicated in [Attachment] and [Attachment] Section 2 (hereinafter “instant land”).
(2) On July 22, 2010, the Defendant concluded a trust contract with an International Asset Trust Co., Ltd. (hereinafter “International Asset Trust”) on the instant land, and completed the registration of ownership transfer based on trust with the said company on the same day.
(3) The Plaintiff purchased the instant land from an international asset trust on January 22, 2015, and completed the registration of ownership transfer on March 19, 2015. (B) The rent for the instant land as of March 19, 2015 is KRW 754,000 per month. [In the absence of any dispute over the grounds for recognition, each of the entries in Gap’s Evidence Nos. 1 through 4, 7, and 9, the appraisal results of B appraiser’s appraiser’s, the purport of the entire pleadings, and the purport of the entire pleadings, as of March 19, 2015.
2. Determination
A. The Plaintiff may exercise the right to claim the removal of disturbance based on the ownership of the instant land and seek the removal of the instant building and delivery of the land on the said land.
In addition, the Defendant, without any legal ground, gains unjust enrichment equivalent to the monthly rent while occupying the instant land. Therefore, the Plaintiff is obligated to return unjust enrichment from March 20, 2015, the day following the date of acquisition of the Plaintiff’s land ownership to the day of completion of delivery of the land.
Therefore, the Defendant is obligated to pay to the Plaintiff unjust enrichment calculated by the ratio of KRW 4,462,00,027, calculated as KRW 754,000, monthly rent from March 20, 2015 to September 15, 2015 (=754,000 won x 12 months x (180 days/365 days)) and the Defendant’s land delivery from September 16, 2015 to September 15.
B. The land and buildings in this case purporting to make a determination on the assertion by the Defendant and the Intervenor joining the Defendant.