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. Basic facts

A. On November 17, 2010, the Plaintiff entered into a real estate security trust agreement (hereinafter “instant trust agreement”) with the non-party Malim Business Co., Ltd. (hereinafter “Malim”) on the whole of the 4th underground floors and the apartment-type factory building of the 20th apartment-type complex on the ground, Sungnam-gu, Sungnam-gu, the counter-party 146-8, Sungnam-gu, the Sungnam-gu, the Sungnam-gu, the counter-party 1, including the real estate listed in the separate sheet (hereinafter “instant real estate”).

B. On November 25, 2010, the Forest Business completed the registration of ownership transfer based on the instant trust contract to the Plaintiff at the same time with the registration of ownership preservation on the instant real estate.

C. Meanwhile, the Defendant occupies the instant real estate before November 25, 2010.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. Determination as to the cause of claim

A. According to the above facts of recognition, the defendant, the possessor of the real estate of this case, has a duty to deliver the above real estate to the plaintiff, and the defendant also has a duty to return unjust enrichment equivalent to the rent acquired in the possession and use of the real estate of this case.

Furthermore, according to the results of the appraisal of rent from November 25, 2010 to November 24, 2013 with respect to the scope of unjust enrichment, it is recognized that the rent from November 25, 2010 to November 24, 2013 for the instant real estate was 35,184,474 in total, and the rent from November 25, 2013 to November 25, 2013 in monthly 98,00. As such, the Defendant, as unjust enrichment, delivered to the Plaintiff the amount of KRW 35,184,474 in total and the amount of rent from November 25, 2013 in total, calculated at the rate of 20% per annum from March 19, 2014 to the day following the delivery of the application for change in the purport of the instant claim and the cause of the claim, and calculated at the rate of KRW 90,000 in this case’s real estate from March 28, 2013.