부당이득금
1. Defendant C, each of the Plaintiffs, Defendant C, Defendant D, each of KRW 50,120,542, Defendant D, each of KRW 3,279,223, and each of the above amounts on November 8, 2017.
1. The facts under the recognition of facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in each entry of Gap evidence Nos. 1, 3, 5, and Eul evidence Nos. 1, 2, 5, and 6 (including each number if there are serial numbers).
On November 25, 1985, the plaintiffs, the defendant C, the non-party K, and the deceased L were newly constructed the 4th O building located in Yongsan-gu Seoul and N (hereinafter "the building of this case") and completed registration of preservation of ownership as co-owners of the 1/5 share of each 1/5 share.
After the death of the deceased L/K, the shares of the deceased L were inherited to Nonparty F and E in 1/10 shares, and the shares of the deceased K were inherited to Nonparty J in 3/75 shares, P, H, G, Defendant D, Q, Q and I in 2/75 shares, respectively.
Therefore, the shares in the building of this case at present are ① 1/5 shares per R, such as Defendant D, ② shares 1/5 shares per Defendant C, ③ shares per F and E, and ④ shares per 1/10 shares, respectively.
B. The Yongsan-gu Seoul Special Metropolitan City, which is the site for the instant building, owns 1/4 shares each of them, 1/4 shares each of them, 1/4 shares each of them, 1/8 shares each of them, 2/15 shares each of them, and 3/15 shares each of them, P, H, G, Defendant D, Q, and I own 2/15 shares each of them.
C. Between the co-owners of the instant building and the co-owners of the instant building agreed to distribute the rent for the instant building at a rate of 56% per R day, 56% per each of 44% per the Plaintiffs, Defendant C, etc. (hereinafter “instant distribution agreement”), and the rent for the instant building was deposited into the account in the name of Defendant D (Korean Bank U, hereinafter “instant account”).
Accordingly, Defendant D deducted the common expenses such as property tax, etc. from the above rent, and distributed the remainder at the rate of 56% per R day and 44% per T day. From January 1, 2006 to December 31, 2016, Defendant D distributed the remainder to T-day share (Plaintiffs, Defendant C, F, and E) of the rent from January 1 to December 31, 2016.