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1. The Defendants are jointly and severally liable to each of the Plaintiffs for KRW 39,920,453 as well as for the amount from December 8, 2015 to June 22, 2016.
Reasons
1. Basic facts
A. The relationship 1) E had children, including Plaintiffs, Defendant D, F, and G under the chain, and Defendant C was the wife of Defendant D. (2) A died on May 24, 2010 (hereinafter “the deceased”). F and G filed a report of renunciation of inheritance with the court and received an adjudication to accept it on September 7, 2010, and the Plaintiffs and Defendant D succeeded to the deceased’s property at the ratio of statutory inheritance shares (1/3 shares, respectively).
B. The deceased, such as the lease of the building of the deceased, newly constructed the building of the second floor, the first floor building, the building without permission, and the building and structure on the ground of the Gwangju Mine-dong Hdong (hereinafter “Hdong”) and J land (hereinafter “instant land”), and leased the instant building, etc. to another person. The deceased registered his business with the trade name “K” and operated the parking lot (hereinafter “instant parking lot”).
C. After the deceased died in the management relationship of the instant building, etc., the Defendants collected monthly rent from L(M, N),O(P), Q (R), Q (R), M(T), U(V, and WX. After the deceased died, the Defendants operated the instant parking lot.
【Ground of recognition】 The fact that there is no dispute, Gap Nos. 1, 2, 3, and 12, Eul evidence Nos. 2 (including additional numbers), the court's inquiry results on L,O, Q, S, U, and W, and the purport of the whole pleadings
2. The plaintiffs' assertion
A. Since the Defendants collected rent of KRW 187,100,000 for the instant building, etc. after the deceased’s death, they are obligated to pay to the Plaintiffs each of the above amount of KRW 62,36,66,66 (= KRW 187,100,000 x 1/3,000 x 1/3; hereinafter the same) out of the above amount of money as unjust enrichment.
B. After the deceased’s death, the Defendants arbitrarily withdraw KRW 46,927,069,00,069, which is the sum of KRW 3,59,342 on September 13, 2010, KRW 3,612,065 on March 14, 201, KRW 4,046,91 on September 14, 201, and KRW 35,68,671 on February 2, 2012.