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1. The Plaintiff:
A. Defendant B’s KRW 48,632,960 as well as 5% per annum from August 9, 2015 to September 9, 2015.
Reasons
1. Facts of recognition;
A. From July 20, 2010 to April 22, 2014, the Plaintiff owned 5/9 shares out of the Daejeon Jung-gu DJ 523.6m2 (hereinafter “instant land”).
The remaining 4/9 shares were owned by E.
B. On the ground of the instant land, “the fourth floor accommodation facilities of steel reinforced concrete structure and buildings for amusement facilities” (hereinafter “instant building”) are constructed. From February 12, 2010 to November 13, 2012, Defendant B owned the instant building, and Defendant C owned the instant building from November 14, 2012 to the date of closing argument.
The building of this case is used as the whole of the land of this case as its site.
C. During the period in which the Plaintiff owned co-ownership of the instant land, the amount equivalent to the rent for the instant land (the amount corresponding to the Plaintiff’s co-ownership) is as follows.
[Period of possession and use by Defendant B] The sum of KRW 48,632,960 (the period of possession and use by Defendant C) based on the calculation of the rent for the period from July 20, 2010 to October 19, 2012, KRW 1,747, KRW 292 from October 20 to November 13, 2012, KRW 207, KRW 1,747,076, KRW 292 from November 20, 2012 to November 13, 2012, KRW 20 (25 days / 30 days) was not based on the calculation of the rent for the period of time (the period of possession and use by Defendant C) and on November 24, 2012, the time when Defendant C acquired the ownership of the building of this case from November 14, 2012, the Plaintiff thereafter claimed the payment of the amount equivalent to the rent from November 24, 2012.
1. From October 11, 2013 to April 10, 2014; 17,472,920 won x 1,747,292 won x 1,747,292 won x 1,747,292 won x 17/30 days) x 10,531,248 won x 1,75,208 won x 6 months x 760,590 won x 765,208 won x 209,754,780 won / 30 days / 130 days / 10,000 won / 1,745,208 won / 30 days / 130 days / 130 days / 130 days) / the purport of the entire pleadings / the purport of the pleading as to the whole Gap's number
2. Determination
A. According to the above facts, while the defendants owned the building of this case, they acquired the profits equivalent to the rent as seen above by occupying and using the land of this case through the ownership of the building of this case.
Therefore, barring any special circumstance, the Defendants are equivalent to the above fees to the Plaintiff.