The defendant shall deliver to the plaintiff the real estate stated in the attached list, and the real estate stated in the attached list from March 3, 2020.

Facts of recognition

A. C completed registration of initial ownership relating to the instant building on March 17, 2017, as indicated in the separate sheet (hereinafter “instant building”), and D Co., Ltd completed registration of initial ownership on the same day as of March 17, 2017, for reasons of trust.

B. On January 7, 2020, the Plaintiff received a successful bid for the instant building in the public sale procedure conducted by the Korea Asset Management Corporation upon the application of D Co., Ltd. on March 3, 2020, and paid the public auction price in full, and completed the registration of ownership transfer based on the sale on the same day.

C. The Defendant occupied the instant building around July 2017 and has been residing until now.

An appraiser E, who was commissioned by this Court, assessed the appropriate rent of the instant building at KRW 55,00 per month from March 3, 2020 to November 2, 2020 near the date of the closing of argument in this case.

[Ground of recognition] The fact that there is no dispute, entry of Gap 1 through 5, result of appraiser E’s appraisal of rent, purport of whole pleading

2. The assertion and judgment

A. According to the above facts of determination as to the cause of the claim, the defendant is obligated to deliver the building of this case to the plaintiff, the owner of the building of this case, who occupies, uses and benefits from the building of this case. From March 3, 2020 to the time the defendant completed delivery of the building of this case, the defendant is obligated to return unjust enrichment equivalent to the rent of 55,00 won per month.

B. The defendant's assertion 1) asserts that since the location of the building of this case is both the two main cities and the domicile of the defendant is both at the domicile of the defendant, the Busan District Court's sub-support, which the plaintiff filed, is not a competent court. The lawsuit is under the jurisdiction of the court where the defendant's general forum is located (Article 2), but in the case of filing a lawsuit concerning the property right, it may be brought to the court where the place of residence or the place of performance is located (Article 8 and one lawsuit is filed).