사용료
1. The Plaintiff, from October 30, 2015 to October 30, 2015, owns the shares of 15/16 shares among each land listed in the separate sheet No. 2.
1. The Plaintiff indicating the claim is the owner who purchased 15/16 shares of each 15/16 share of each 15/16 of the land listed in the separate sheet No. 2 (hereinafter collectively referred to as “instant land”) in the procedures for the sale of H real estate at H real estate district court and paid the sale price on October 30, 2015, and completed the registration of ownership transfer on November 9, 2015.
The Defendants are co-owners of multi-households, which are multi-households constructed on the instant land.
(1) The Defendants are obligated to return the aforementioned unjust enrichment to the Plaintiff on October 30, 2015, on the ground that the Defendants owned an aggregate building on the instant land without any legal title, thereby obtaining unjust enrichment equivalent to KRW 476,00 per annum for each former generation after October 30, 2015, from which the Plaintiff acquired 15/16 shares of the instant land.
2. Judgment made by deeming the confession under the applicable provisions of the Civil Procedure Act (Article 208 (3) 2 of the Civil Procedure Act).
3. On the premise that Defendant B, C, and D independently own each of the relevant generation units listed in the table “the former generation” listed in the table of annexed Table 3, the Plaintiff filed a claim against the said Defendants for the return of unjust enrichment equivalent to KRW 476,00 per annum from October 30, 2015 to the date on which the said Defendants transferred the instant land. However, the said Defendants are liable to pay to the Plaintiff unjust enrichment equivalent to the royalty calculated at the rate of KRW 238,00 per annum (=476,000 per annum ± 2) on the grounds that there is no evidence to support the fact that the said Defendants owned all the shares of each of the former generation units, and there is no reason to believe that the said Defendants are more than 1/2 shares of each of the above former generation.