1. The defendant shall be the plaintiff.

(a) deliver each real estate listed in the separate sheet;

(b) from January 1, 2016, KRW 6,264,757 and January 1, 2016

1. Determination as to the cause of claim

A. The land indicated in the attached list of the facts of recognition (hereinafter “each land of this case”) was owned by the Defendant.

On March 23, 2003, the Defendant concluded a contract with the Plaintiff for the construction of new housing on the land C.

The above building has been completed on June 2003, and until now, the defendant and the defendant's family have resided in the above house.

The land attached thereto D and E are farming families of the defendant and the defendant.

The plaintiff purchased each of the land of this case through auction on August 24, 2004 and completed the registration of ownership transfer on February 1, 2005.

[Ground of recognition] Facts without dispute, entry of Gap 1, 3-7 evidence, purport of the whole pleadings

B. Determination 1) The Defendant occupies each of the instant lands. The Plaintiff is entitled to file a claim for the exclusion of disturbance with the Defendant who occupies each of the instant lands as the owner of each of the instant lands. Therefore, the Defendant is obligated to deliver each of the instant lands to the Plaintiff. 2) The Defendant occupied the instant land owned by the Plaintiff, obtained a profit equivalent to the use profit, thereby incurring losses equivalent to the same amount to the Plaintiff. Accordingly, the Defendant is obligated to return it to the Plaintiff

3) The period for calculating unjust enrichment: From August 24, 2004 (the date of sale), the Plaintiff seeking to return unjust enrichment from February 1, 2004 on which the Plaintiff acquired the Plaintiff’s ownership from February 1, 2004, but the period before the date of acquisition of ownership is not recognized. The Plaintiff’s withdrawal of the application for appraisal of rent and sought the amount calculated by multiplying the officially announced land price of each of the instant lands by the expected interest rate, and thus, this is examined. In calculating the rent for each of the instant lands, it is possible to calculate the difference by the method of calculating the rent by multiplying the basic price of each of the instant lands by the expected interest rate. In this case, the expected interest rate is the rate of national and public bonds, the bank’s long-term loan interest rate, the ordinary market interest rate, the normal real estate transaction profit