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1. The defendant shall pay 6,516,120 won to the selected parties C.
2. The plaintiff (appointed)'s remaining claims are dismissed.
Reasons
1. Facts of recognition;
A. On October 26, 2015, the Plaintiff (Appointed Party; hereinafter “Plaintiff”) acquired ownership of 1580 square meters in Nam-gu, Incheon (hereinafter “instant land”).
(Plaintiff 4/10 shares, Selection C 3/10 shares, D 2/10 shares, E 1/10 shares). (b)
From October 26, 2015 to January 25, 2017, the Defendant owned 516 square meters of the instant land on the ground of 516 square meters among the instant land, and occupied 516 square meters of the said land without permission.
C. Of the instant land, the amount equivalent to the rent from October 26, 2015 to January 25, 2017, among the instant land is KRW 6,516,120 (i.e., the appraised value of KRW 10,052,00 based on the appraised value of KRW 796 square meters ± 796 square meters ± 516 square meters x less than KRW 516 square meters).
Plaintiff
D and E transferred all damage claims against the Defendant in connection with the unauthorized occupation of the land in this case to the appointed party C.
[Ground of recognition] 1 to 8 items of evidence A (including paper numbers), the result of the request for appraisal of rent by this court, the purport of the whole pleadings
2. The assertion and judgment
A. The Plaintiff’s assertion is obligated to pay KRW 9,817,728 of the damages incurred by the Plaintiff’s unauthorized occupation of 516 square meters of the instant land from June 27, 2015 to January 27, 2017 to the Selection C.
B. According to the above facts, from October 26, 2015 to January 25, 2017, the Defendant occupied approximately KRW 516 square meters of the instant land among the instant land by the Plaintiff, etc. without permission, thereby causing damages to the Plaintiff, etc., and the Plaintiff, D, and E transferred the damage claim corresponding to their share to C. Therefore, the Defendant is obliged to pay KRW 6,516,120 of the damage compensation for illegal possession to the Selection. Accordingly, the Defendant is obliged to pay KRW 6,516,120 of the damage compensation due to illegal possession. 2) Other evidence alone submitted by the Plaintiff, etc. to the Plaintiff, etc. from June 27, 2015 to October 25, 2015, the period from June 27, 2015 to October 25, 2015.