지료청구
1. The Defendants are jointly and severally liable to the Plaintiff.
(a) KRW 118,611,426 and its amount shall be from July 12, 2016 to the day of complete payment.
1. Facts of recognition;
A. On September 27, 2010, the Plaintiff’s husband: (a) sold the instant land on September 27, 201, and paid the sale price, and completed the registration of ownership transfer on March 3, 201; and (b) on March 2, 2013, the F, a husband of the Plaintiff, completed the registration of ownership transfer on the instant land on September 12, 2013 due to inheritance by consultation or division with respect to the instant land.
B. The Defendants completed registration of preservation of ownership on June 29, 2006 with respect to the total area of 126 square meters, etc. (hereinafter “instant housing, etc.”) of the four housing units on the ground of the instant land, including approximately 126 square meters, in total, of the four housing units on the ground of the instant land (hereinafter “register”). < Amended by Presidential Decree No. 11548, Jun. 29, 2006>
C. Even after the Plaintiff and F acquired the ownership of the instant land, the Defendants jointly use the instant land as a site for the instant housing, etc. without any doubt with the Plaintiff and F.
[Reasons for Recognition] There is no dispute, according to each of the statements in Gap evidence Nos. 1 through 3 (including a branch number), the results of appraiser H’s survey and appraisal, and the purport of the whole pleadings, the owner of the building, who is a legal superficies, may refuse the landowner’s request for removal of the building and delivery of the site.
In light of the legal principles as seen earlier, the Defendants are obligated to return the profits derived from the use of the land to the landowner as unjust gains, and thus, the Defendants are obligated to return to the Plaintiff the benefits equivalent to the land rent acquired from September 27, 2010 to the date of loss of the Plaintiff’s ownership or the date of termination of the Defendants’ occupation.
2. Comprehensively taking account of the facts acknowledged prior to the scope of return of unjust enrichment, the sum of the land rent corresponding to the instant land from September 27, 2010 to June 2, 2016 by an appraiser I’s land appraisal result and the purport of the entire pleadings is worth KRW 118,61,426.