1. The defendant shall be the plaintiff.

A. Of the 775 square meters of miscellaneous land in Busan Metropolitan City, each point is indicated in the attached Form 1, 2, 3, 4, 5, 6, and 1.

1. Facts of recognition;

A. The Plaintiff owned a building of 775 square meters (hereinafter “Plaintiff’s land”) and a building of 658 square meters and 658 square meters for both ground-based cement block structure and one-story neighborhood living facilities (hereinafter “instant building”).

Of the instant building, part 52 square meters inboard connecting each point of the annexed drawings 1, 2, 3, 4, 5, 6, and 1 (hereinafter “influent part”) among the instant building belongs to the Plaintiff’s land, and the remainder belongs to D land.

B. On October 20, 199, the Plaintiff transferred the ownership of D land and 1/2 of the instant building among the above land to E and F, and on October 20, 199.

On November 30, 2005, the Plaintiff received a promise from E and F to remove the building on the ground, and then transferred on December 18, 2003 the remainder of 1/2 shares of the instant building to them.

C. On February 29, 2016, E and F transferred the ownership of the above D land and the instant building to the Defendant. D.

Plaintiff

The level of monthly rent of land is 10,450 won/m2.

[Ground of recognition] A without dispute, entry in Gap evidence 1 through 7, the result of the survey and appraisal by the Korea Appraisal and Construction Corporation, the result of appraisal of rent by appraiser G, the purport of the whole pleadings

2. Determination:

A. According to the above facts, barring any special circumstance, the Defendant, the owner of the instant building, is obligated to remove the part of the instant building, which is the owner of the site of the instant part of the building, and deliver the part of the building to the Plaintiff, and to pay 7,064,200 won (10,450 square meters x 52 square meters x 13 months) as unjust enrichment equivalent to the rent for 13 months from March 1, 2016 to March 31, 2017, and 543,400 won (10,450 won x 52 square meters x 52 square meters) from April 1, 2017 to April 1, 2017, to the completion date of the delivery of the said part of the land.

B. The defendant constructed a building in the affected part on the basis of lawful title by the plaintiff, who is the former owner, and the plaintiff and the defendant own the building owned by the other party.