부당이득금반환
1. As to each of the plaintiffs' KRW 30,174,884 and KRW 23,97,747 among them, the defendant shall start on December 31, 2014 and end on June.
1. Since February 7, 2002, the Plaintiffs are the owners of 1/3 equity interest in each land listed in the separate sheet (hereinafter “instant land”) from February 7, 2002 to the present.
From February 7, 2002, the 30th class 29 class troupe of the Defendant, the said land has been occupied and used.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 and 2 (including virtual numbers; hereinafter the same shall apply) and the purport of the whole pleadings.
2. According to the above facts finding as to the cause of the claim, the defendant, by occupying and using the land of this case owned by the plaintiffs, obtained benefits equivalent to the rent without any legal grounds, and the plaintiffs suffered damages equivalent to the same amount, and thus, the defendant is obligated to return unjust enrichment equivalent to the rent to the plaintiffs.
Furthermore, according to the purport of the evidence Nos. 2, 3, and 1 as to the amount of unjust enrichment, the amount equivalent to the rent for the area occupied and used by the Defendant out of the instant land during the total period of 591 days from October 18, 2013 to May 31, 2015, for which the Plaintiffs seek, is indicated in the following table.
The Plaintiffs calculated and claimed the basic land price on the basis of the area entered in the registry, not the standard for the area occupied by the Defendant that actually was measured, but recognized as the standard for the area occupied by the Defendant that actually was actually surveyed.
As for the expected interest rate (%) 2.02,763,60,6714,471 x 36.36 x 47.36 x 47,471 x 47,574 x 47.36 x 47.36 x 47.36 x 47.46 x 47.64 x 57,474 x 27.364 x 47.46 x 47.36 x 47.36 x 57,474,474,47,46. 12,518,40,30, 296, 368, G36 G 36, 361, 280, 201, 200, 204, 20537, 3641, 2748, 257