1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the annex;

B. From November 20, 2015, the foregoing paragraph (a) is described.

1. Facts of recognition;

A. The Plaintiff completed the registration of ownership transfer on November 20, 2015 as a purchaser in the auction procedure of real estate C with respect to the real estate stated in the separate sheet (hereinafter “instant house”) and completed the registration of ownership transfer on the same day.

B. On November 30, 2011, the Defendant leased the instant house from D with the term “term: From December 5, 2011 to December 4, 2013,” and “lease deposit: KRW 80 million” and possessed until now.

[Reasons for Recognition] Uncontentious Facts, Gap evidence 1, 2, Eul evidence 2, the purport of the whole pleadings

2. Determination as to the cause of action

A. According to the above facts, as the owner of the instant house, barring any special circumstance, the Plaintiff seeking the exclusion of interference based on the ownership is obligated to deliver the instant house to the Plaintiff, and to return the profits derived from occupying and using the instant house from November 20, 2015 to the completion date of delivery of the instant house from November 20, 2015, the Plaintiff acquired ownership of the instant house.

B. As to the amount of unjust enrichment, the Plaintiff sought payment of money calculated at the rate of KRW 700,000 per month or KRW 24,00 per day.

Generally, the amount of profit from the possession and use of real estate is the amount equivalent to the rent of such real estate, and there is no evidence that the amount equivalent to the rent of the house in this case is the amount claimed by the plaintiff.

On the other hand, on November 30, 201, the Defendant leased the instant house as KRW 80,000 from D with a lease deposit as of November 30, 201, and is ratified as the same amount thereafter.

Article 7-2 of the Housing Lease Protection Act shall not exceed the scope of monthly rent calculated by multiplying the amount to be converted by the lower of any of the following subparagraphs where all or part of the deposit is converted to the monthly rent:

1. Loan interest rates applied by banks under the Banking Act, the rate prescribed by Presidential Decree in consideration of the economic conditions, etc. of the relevant region, and 2.