1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

3. Judgment of the court of first instance No. 1-A

1. Determination as to the cause of claim

A. On July 21, 2016, the Plaintiff: (a) acquired ownership on the same day after receiving a successful bid for the instant land in the auction procedure for real estate, including Ulsan District Court C on July 21, 2016; and (b) the Defendant owns an unauthorized building with a total of 153.3 square meters of a total of 17.1 square meters of the 55.6 square meters and the part-to-door roof, Boschedle, Boschedle, one of the 17.1 square meters on the instant land, and a total of 80.6 square meters of the 153 square meters of the 153 square meters of the 153 square meters on the instant land, which is owned by the Plaintiff (hereinafter “instant building”). As the Defendant occupied the instant land by owning the instant building on the instant land, the Defendant is obligated to return unjust enrichment equivalent to rent to the Plaintiff [based on recognition: Gap (including a real estate registration certificate, a real estate registration number), Gap 2 (including a certified copy of the land ledger), a copy), and a sales decision

According to the appraiser D’s appraisal of the scope of return of unjust enrichment, the rent for the instant land can be recognized as KRW 295,00 per month. Thus, the Defendant is obligated to pay the Plaintiff money calculated at the annual rate of 15% per annum as stipulated by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from July 21, 2016, which the Plaintiff acquired the Plaintiff’s ownership to October 31, 2016, based on the termination date of return of unjust enrichment equivalent to the rent for the Plaintiff’s ownership. The first instance judgment of 103 days in total is calculated as 104 days in the calculation of 104 days. The Defendant has no obligation to pay the Plaintiff money from the date of delivery of a duplicate on the record that the amount equivalent to the rent for the instant land is KRW 98,958 (= 295,00 x 12 x 10365, and less than KRW 105) to the date of delivery of a copy.