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1.The judgment of the first instance shall be modified as follows:
Defendant B’s KRW 6,775,000 and its relation thereto on October 2016.
Reasons
1. Basic facts
A. On March 4, 1991, D acquired the Plaintiff’s share in the land and acquired the ownership of Defendant B (hereinafter “instant share in the land”) 118/1,574 shares in each of the instant share in the land, of Seocho-gu Seoul Metropolitan Government E, 548 square meters, F 529 square meters, G 497 square meters, and G 497 square meters (hereinafter “instant share”).
(2) On September 7, 1994, the Hansan Saemaeul Community Fund established a right to collateral security with a maximum debt amount of KRW 77 million with respect to the instant land share and filed an application for voluntary auction of the instant land share with H on the said auction procedure, and completed the registration of ownership transfer on January 17, 1995 after receiving a successful bid of the instant land share in the auction procedure. Thereafter, the Plaintiff received a successful bid of the instant land share in the auction procedure on January 2, 2009, and completely paid the purchase price on January 2, 2009. 2) Defendant B completed the registration of ownership transfer on the said land 402 multi-family housing newly constructed on each of the above lands (hereinafter “the instant multi-family housing”). However, the ownership transfer was not acquired on September 7, 2007.
B. The Plaintiff’s previous claim for rent 1) The Plaintiff’s rent against Defendant B, etc. for the period from January 2, 2009 to January 1, 2010 on the instant land share (hereinafter “the rent for the year 2009”).
(2) On June 15, 2011, the appellate court (Seoul Central District Court Decision 2009Da19282, 182401, and 154192 (Joint)) filed a claim for the return of unjust enrichment amounting to the Plaintiff (Seoul Central District Court Decision 2009Da19282, 182401 (Joint), and 154192 (Joint), and the appellate court (Seoul Central District Court Decision 201Na4121, 201Na4138 (Joint), 201Na4138 (Joint), 201Na4145 (Joint), 201Na4145)) rendered a judgment on September 5, 2012 that “Defendant B shall additionally pay to the Plaintiff KRW 2,780,320, and delay damages therefrom,” and Defendant B appealed, but the final appeal was dismissed on October 13, 2016 (hereinafter referred to as the “instant appeal”).
(2) The Plaintiff filed a claim against Defendant B on January 2, 201 to January 2, 2011.