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1. The defendant
A. Plaintiff B: 684,66 won; 456,434 won to Plaintiff C; 456,433 won to Plaintiff D; and 456,43 won to Plaintiff E.
Reasons
1. Facts of recognition;
A. Nonparty A is the owner of the area of 69 square meters [Attachment 2] in Nam-gu, Busan. Nonparty A purchased the area of 30 square meters (attached Form 2(a) and (b) on September 27, 2013, and combined the area with G large 9 square meters.
B. The Defendant is the owner of the land and buildings adjacent to the instant land indicated in the attached Table 1, which are the owner of the land and buildings attached thereto. The Defendant occupied the portion (A) part (a) and 7m2 (hereinafter “the instant part”) in the ship connected with each point of the attached Table 4, 5, 6, 7, and 4 in sequence indicated in the attached Table 2, by installing waterworks facilities and signboards, and by using them as access roads to the telecom parking
C. From September 27, 2013 to October 26, 2015, the rent for the instant part is KRW 2,054,000, and the subsequent rent is presumed to be KRW 86,000 per month.
A A A died on August 14, 2015 while the instant lawsuit was pending, and his heir was the Plaintiff C, D, and E, who is the wife, and his wife.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1, 4, and 5, the result of the on-site inspection by this court, the result of the commission of appraisal of fees to appraiser I, the purport of the whole pleadings
2. According to the above facts of recognition as to the cause of the claim, since the defendant occupies and uses the part of the case (A) without legal title, he is obligated to return unjust enrichment equivalent to the rent to the plaintiff.
With respect to the amount of health expenses, from September 27, 2013 to October 26, 2015, for Plaintiff B according to the Plaintiffs’ share of inheritance, KRW 684,66 (2,054,00 x 3/9) for Plaintiff C, E, and D, according to the Plaintiffs’ share of inheritance, KRW 456,44 (2,054,00 x 2/9), respectively, for Plaintiff B. The subsequent rent is KRW 28,666 (86,00 x 3/9), for Plaintiff C, D, and E, KRW 19,111 (86,00 x 2/9) for each month.
Therefore, the defendant is obligated to pay the amount stated in the order to the plaintiffs.
3. The plaintiff B's claim is justified within the scope of the above recognition, and the remaining plaintiffs' claims are justified.