부당이득금
All appeals by the plaintiffs are dismissed.
The costs of appeal are assessed against the plaintiffs.
The purport of the claim and the appeal.
The grounds for appeal by the plaintiffs citing the judgment of the court of first instance are not significantly different from the allegations in the court of first instance, and it can be recognized that the facts of first instance and the judgment are legitimate even if the evidence submitted by the plaintiffs in this court is added.
Accordingly, the court's decision did not add a separate conjunctive claim that the plaintiffs added to this court, but maintained the existing claim cause as it is, and added the following arguments as a preliminary claim.
Except for adding the following judgments, the reasoning of the judgment of the court of first instance is the same as that of the judgment of the court of first instance, and thus, it shall be cited, including the abbreviation and the attached Form, in accordance with the main sentence of Article 420 of the Civil Procedure Act.
The gist of the Plaintiffs’ claim as to the conjunctive assertion, even if the instant building falls under the partnership property of the instant association and cannot be seen as co-owners of the instant building, as alleged by the Defendant, the Defendant is obligated to pay the amount of money equivalent to the rent to G and I (hereinafter “G, etc.”) as part of the settlement of business property, since from around 2014, the instant building alone occupies, uses, and profits from the instant building.
In addition, after the death of Korea G, the plaintiffs who are their successors can exercise their right to claim the return of shares suitable for their own shares.
Therefore, since the defendant takes an unfair profit equivalent to the rent for the building of this case, it is obligated to pay to the plaintiffs an amount equivalent to the rent corresponding to the plaintiffs' share from January 1, 2014 to the completion date of delivery of the building of this case due to the settlement of accounts or return of unjust profit.
Judgment
Although the purport of the plaintiffs' assertion is not clear, G et al. has the right to settle profits as a member of the instant association until G et al. died, and after G et al. died, the plaintiffs' entitlement as heir of G et al.