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1. The Plaintiff:
A. Defendant C shall be the Plaintiff’s 36,629,630 won and the Plaintiff’s 1 and 2 real estate indicated in attached Form 1 and 2 from December 2, 2015.
Reasons
1. Facts of recognition;
A. Nonparty E owned each of the instant real estate listed in the separate sheet (hereinafter “instant real estate”), but died on October 21, 199, and accordingly, Defendant C, his spouse, and Defendant D jointly inherited each of the instant real estate according to the ratio of 3/7 shares, and 2/7 shares, respectively.
B. After the death of E, the Defendants have occupied and used each of the instant real estate.
[Grounds for Recognition: The entries in Evidence A 1 to 2-2, the purport of the whole pleadings]
2. Determination
A. (1) According to the determination on the cause of the claim (1) The defendants are obligated to pay to the plaintiff an amount equivalent to the plaintiff's co-ownership share ratio out of the rent equivalent to the plaintiff's co-ownership share ratio from May 1, 2005 to the return of unjust enrichment as sought by the plaintiff, since the defendants occupied, used, without any legal ground, the part corresponding to the plaintiff's co-ownership share ratio of each real estate of this case.
Furthermore, according to the result of the appraisal commission with respect to the amount of unjust enrichment to be returned by the Defendants, the rent from May 1, 2005 to December 1, 2015 pertaining to 2/7 of each of the instant real estate can be recognized as 61,049,391 won, and monthly rent from December 1, 2015 to 1,85,298, and the rent from December 1, 2015 to 36,629,630 won (61,049,391 won x 3/51) and from December 2, 2015 x 205 x 34.5 x 195 x 295 x 3195 x 25 x 195 x 29 x 34.5 x 15 x 5.5 x 15 x 319 x 5.5 x 194 x 5.5 x 15 x 5 5 x 15 x 5 1.