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1. The Defendants shall jointly:
A. Plaintiff A: 15,044,536 won; 30,089,073 won to Plaintiff B; and 10,029,691 won to Plaintiff C.
Reasons
1. Facts of recognition;
A. The Plaintiffs are co-owners of the above land that received 11/17 shares of the land listed in attached Table No. 1 (hereinafter “instant land”) in the process of voluntary auction and paid in full the sale price on March 30, 2016, and the shares acquired by the Plaintiffs are Plaintiff A3/17 (=33/187), Plaintiff B6/17 (=6/187) shares, Plaintiff C2/17 (=22/187) shares, and 11/17 shares in total.
B. The Defendants, on April 15, 200, donated 1/2 shares of each of the buildings listed in [Attachment List No. 2 (hereinafter “instant building”) on the instant land and completed the registration of ownership transfer on June 9, 200, are co-owners of the instant building.
C. From March 30, 2016 to April 29, 2017, it was assessed that the rent equivalent to the 11/17 share of the plaintiffs among the above land was as follows.
Between March 30, 2016 to March 27, 2017, KRW 50,850, KRW 860, March 30, 2017 to March 27, 2017, KRW 4,312,440, KRW 55,163,30 (based on recognition) in aggregate of KRW 4,312,440 from April 29, 2017 to April 29, 2017; the fact that there is no dispute over KRW 5,163,30 in aggregate of KRW 4,312,440 from March 30 to April 29, 2017; the entries in Gap evidence 1 and 2; the appraisal result by appraiser F; the purport of the entire pleadings.
2. Determination:
A. According to the above facts, the defendants jointly own the building of this case and thereafter possess the land of this case, and thereby gain profit equivalent to the above land use profit and thereby inflict damages equivalent to the same amount on the co-owners of the above land including the plaintiffs. Thus, the plaintiffs are obligated to return the profit equivalent to the above land use profit corresponding to the above share as unjust enrichment, and the above obligations of the defendants are in an indivisible debt overlapping relationship.
(See Supreme Court Decision 2000Da13948 delivered on December 11, 2001, etc.) B.
Furthermore, with respect to the amount of unjust enrichment to be returned by the Defendants, the amount of profit from the possession and use of ordinary real estate is equivalent to the rent, and the Plaintiffs own shares from March 30, 2016 to April 29, 2017.