부당이득금
1. In accordance with the amendment of the purport of the claim in the trial, the judgment of the first instance shall be modified as follows:
1. Defendant C.
1. The reasoning for the court’s explanation of this case is as stated in the reasoning of the judgment of the court of first instance, except for the following modifications or additions. Thus, it is citing this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Parts used or added;
A. 2-related grounds for the judgment of the court of first instance
B. The portion of "the scope of unjust enrichment" (from the bottom of the 3th judgment of the first instance to the end of the 4th judgment) shall be as follows:
The Defendants asserted 1) The Plaintiff’s assertion is obligated to return unjust enrichment to the Plaintiff, etc.: (i) the amount of unjust enrichment from the date the Plaintiff et al. commenced possession of each land by acquiring ownership of each of the pertinent sections of exclusive ownership; (ii) the amount of unjust enrichment from the date the Plaintiff et al. commenced to the date of delivery of the copy of the complaint regarding the amount of unjust enrichment; (iii) the amount of unjust enrichment from the date the copy of the complaint was served to July 21, 2017; and (iv) the amount of unjust enrichment from the date when the copy of the complaint was served to the date when the ownership of the portion of exclusive ownership was lost; and (v) the amount of delay damages from the date when the copy of the complaint was served to July 21,
2) In ordinary cases, the amount of profit from the possession and use of real estate is the amount equivalent to the rent for the real estate. According to the result of the appraisal of rent for expert N in the first instance trial, the fact that the monthly rent from July 22, 2011 to May 26, 2016 of the instant apartment house (Defendant C) constitutes a total of 5,605,000 won as listed below, and the subsequent monthly rent is confirmed to be equal to KRW 80,325, which is the monthly rent around May 26, 2016. ② The monthly rent from July 22, 2011 to May 26, 2016 from July 26, 2011 to May 26, 2016 can be acknowledged as follows: