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1. As to the Plaintiff, from May 8, 2013 to Gwanak-gu in Seoul Special Metropolitan City, the Plaintiff’s share on the land is forfeited or is lost.
Reasons
1. Basic facts
A. The Plaintiff owned shares of the instant site was awarded 82.94/2,638 shares of the instant site at the Seoul Central District Court’s V auction and paid the successful bid price on March 29, 2013. At the W auction procedure at the Seoul Central District Court’s W auction, the Plaintiff was awarded 504.94/2,638 shares of the instant site and paid the successful bid price on May 8, 2013, thereby acquiring the ownership of shares of the instant site (82.94/2,638.94/2,638.94/2,638.94/2,638.638).
B. The defendants' acquisition of the ownership of the building of this case and the whole area of the building of this case 1) each partitioned building listed in the attached Table 2 of the attached Table 2 (hereinafter "each partitioned building of this case") shall be "the building of this case", and when each partitioned building is individually referred to, it shall be specified as "one story 1" and the number of floors
(2) The building of this case is located on the ground of the site of this case. The owner of this case is indicated on the “owner” column in attached Table 2. 2) The building of this case has a problem in the construction company at the time of preparing a public book, and the total number of registered matters has been entered differently. The total area of the whole area of the building of this case according to the entries in the building ledger of total number of houses is 7,080.54 square meters, and the total area of the whole area owned by the Defendants is as shown in attached Table 3
[Ground of recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 1 (including each number; hereinafter the same shall apply), appraiser X's appraisal result, the purport of the whole pleadings
2. The parties' assertion;
A. The main point of the Plaintiff’s assertion is that the Defendants, as owners of the instant building without any authority, gain profit by jointly occupying and using the instant site and thereby inflict loss on the Plaintiff. As such, the Defendants are liable to return the land rent from the date the Plaintiff acquired the ownership of the instant site to the Plaintiff as unjust enrichment.
Preliminaryly, the Defendants’ above unjust enrichment is indivisible.