1. Defendant C:

(a) Of the real estate listed in the separate sheet, each point is indicated in the separate sheet No. 1, 2, 5, 4, and 1.

1. The following facts can be acknowledged as either a dispute between the parties or in full view of the purport of the entire pleadings in Gap evidence No. 1.

On December 23, 2014, regarding the real estate listed in the separate sheet (hereinafter “instant real estate”) owned by Defendant B (hereinafter “instant real estate”), a voluntary decision to commence auction was rendered on December 23, 2014. The Plaintiff purchased the instant real estate at the above auction procedure and paid the proceeds thereof on March 18, 2016, and completed the registration of ownership transfer on March 22, 2016.

B. On August 2010, Defendant B leased to Defendant C the part (a) and 503 square meters (hereinafter “instant store”) of the attached drawings attached to the instant real estate, which are linked in sequence to each point of the said real estate, in KRW 1,2,5,4, and 1, KRW 503 square meters per rent. As of the date of closing argument of the instant case, Defendant C kept its own goods inside the instant store.

2. Determination

A. The Plaintiff’s claim against Defendant B, based on ownership, asserts that the Plaintiff sought the delivery of the instant building and the return of unjust enrichment equivalent to the rent from March 18, 2016 to the completion date of delivery of the instant building.

However, there is no evidence to acknowledge that Defendant B occupied the instant building (a lease agreement between the Defendants is concluded upon the successful bid). The Plaintiff’s assertion on Defendant B is without merit.

B. According to the above facts, the Plaintiff’s claim as to Defendant C is determined as to the cause of claim (A). The Defendant C, the occupant of the instant store, has the duty to deliver the instant building to the Plaintiff, the owner of the instant store, and to return the unjust enrichment equivalent to the rent calculated at the rate of KRW 500,000 per month from March 18, 2016 to the completion date of delivery of the instant store, barring any other special circumstances.

B. Furthermore, the Plaintiff is the tea of the instant store, 1.5 million won per month.