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1. The Plaintiff:
A. The Defendants deliver the real estate listed in the separate sheet;
B. The Defendants respectively are KRW 56,952,000.
Reasons
1. Basic facts
A. On November 17, 2010, the Plaintiff entered into a real estate security trust agreement (hereinafter “instant trust agreement”) with the Sungnam-gu counterpart 146-8, Sungnam-gu, Sungnam-gu, the other party to the instant real estate (hereinafter “instant real estate”), including the real estate listed in the separate sheet (hereinafter “instant real estate”).
B. On November 25, 2010, the Forest Business completed the registration of ownership transfer based on the instant trust contract to the Plaintiff at the same time with the registration of ownership preservation on the instant real estate.
C. The Defendants occupy the instant real estate prior to November 25, 2010.
[Ground of recognition] Facts without dispute, Gap evidence 1, the purport of the whole pleadings
2. According to the above facts of determination as to the cause of the claim, the Defendants, the possessor of the instant real estate, have the duty to deliver the said real estate to the Plaintiff, and the Defendants also have the duty to return unjust enrichment equivalent to the rent acquired while occupying and using the instant real estate.
Furthermore, according to the results of the appraisal on the scope of unjust enrichment from November 25, 2010 to November 24, 2013, the rent of 56,952,000 won for the instant real estate from November 25, 2010 to November 24, 2013 is recognized, and the rent of 1,611,00 won for each month after November 25, 2013 is recognized. Thus, the Defendants are liable for unjust enrichment against their respective plaintiffs: ① 56,952,00 won as unjust enrichment and the delivery date of the application for alteration of the purport of the claim and the cause of the claim to the appraiser A; ② from October 14, 2014 to October 15, 2014 to the delivery date of the application for alteration of the claim and the cause of the claim to the Plaintiff; ② from October 15, 2014 to 30% of the annual damages for delay from October 25, 2014 to 2015.