부당이득금
1. Of the part concerning the principal lawsuit in the judgment of the court of first instance, the Plaintiff (Counterclaim Defendant) who falls under the following amount ordering payment.
A principal lawsuit or counterclaim shall be deemed to be a same.
1. In the first instance court’s trial scope, the Plaintiff filed a counterclaim against the Defendants and the Defendant (Counterclaim Plaintiff), and the Defendant (Counterclaim Plaintiff) filed a counterclaim against the return of unjust enrichment, and the first instance court partly accepted the Plaintiff’s claim and the counterclaim. As to the part of the Plaintiff’s claim against the Defendants other than the Defendant (Counterclaim Plaintiff) as to the part against the Plaintiff among the Plaintiff’s claim against the remainder of the Defendants other than the Defendant (Counterclaim Plaintiff), it is evident that the Defendants and the Defendant (Counterclaim Plaintiff) filed each appeal against the part against the Defendants and the Defendant (Counterclaim Plaintiff) among the claim against the Defendant (Counterclaim Plaintiff).
Therefore, only the remainder of the claims, excluding the part against the Plaintiff among the part of the main claim against the Defendant (Counterclaim Plaintiff) and the part against the Plaintiff among the counterclaim claims, are subject to the judgment of this court.
2. The court's explanation on this part of the basic facts is the same as the entry of "1. Basic Facts" among the grounds of the judgment of the court of first instance. Thus, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
3. Determination on the claim against the Defendants and the Defendant (Counterclaim Plaintiff)
A. The Plaintiff’s assertion is the owner of H and J land after the division. The Defendants and the Defendant-Counterclaim Plaintiff, as co-owners of each of the instant buildings located on the said land, obtained profits equivalent to the land rent without any legal ground, thereby causing damage to the Plaintiff.
Therefore, the Defendants and the Defendant (Counterclaim Plaintiff) are: (a) from November 5, 2007 to December 7, 2012, 203,849,010 won (=27,102,290 won 16,746,720 won); and (b) from December 8, 2012 to June 29, 2016, land H (1) land is located.
The defendants and the defendants are included in the sum of 19,638,830 won in the amount of unjust enrichment equivalent to the rent.