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1. The defendant shall be the plaintiff.
(a) remove the buildings listed in paragraph 2 of the attached list, and the land listed in paragraph 1 of the same list;
Reasons
1. Basic facts
A. On June 14, 2017, the Plaintiff purchased the land listed in attached Table No. 1 (hereinafter “instant land”) from Nonparty C, and completed the registration of ownership transfer by Nonparty 22291 on the same day.
B. On June 12, 2009, the Defendant purchased a building listed in [Attachment List No. 2 (hereinafter “instant building”) on the ground of this case from Nonparty D and completed the registration of ownership transfer by receipt No. 25286 on June 15, 2009 from the Gwangju District Court. The Defendant occupied and used the instant land even after the Plaintiff acquired the ownership of the instant land.
C. From June 14, 2017 to June 13, 2018, the rent for the instant land was appraised as KRW 821,300.
[Reasons for Recognition: Each entry of Gap evidence 1-1, 2, and Gap evidence 2, the result of a request for market price appraisal for the branch office of the corporation Stim Gay appraisal corporation, the purport of the whole pleadings]
2. Determination:
A. The Defendant is obligated to remove the instant building and deliver the instant land to the Plaintiff, who is the owner of the instant land, barring any special circumstance, and pay the amount calculated by the annual rate of KRW 821,300 from June 14, 2017 to the completion date of the delivery of the instant land as unjust enrichment equivalent to the rent of the instant land, since the Defendant owned the instant building on the ground of the instant land and occupied and used the instant land.
B. As to the Defendant’s argument, the Defendant asserted that, since Nonparty E, the Defendant’s father, purchased the instant building in around 1978 and began to occupy it, the acquisition by possession of the instant land has been completed by occupying and cultivating the instant land so far, the Plaintiff cannot claim against the Defendant for the delivery of the instant land, removal of the ground buildings, etc.
In full view of the contents of evidence No. 3, E, from 1978, E cultivated the land of this case from around 1978.