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1. The defendant against the plaintiffs
(a) The amount of KRW 901,714 and each of the above amounts shall be interest rateed from May 3, 2016 to the date of full payment.
Reasons
1. The Plaintiffs share 1/7 shares of forest E 2,693 square meters (hereinafter “1. land”) and F forest land 976 square meters (hereinafter “2.”, and as long as so, “each of the instant land”) in each of the facts of recognition. The Defendant occupied and used the entire land of 1.323 square meters and the entire land of 2.2 square meters by means of installing military fences, etc.
The amount of unjust enrichment equivalent to the rent from June 23, 2010 to June 22, 2015 concerning each of the instant lands reaches KRW 6,312,00 in total, and around June 23, 2015, the amount of unjust enrichment equivalent to the rent exceeds KRW 107,50 in total.
[Ground of recognition] The fact that there is no dispute, Gap evidence 1 through 4 (including paper numbers), Eul evidence 3 and 4, the result of survey and appraisal in G preparation, the result of survey and appraisal in H preparation, the purport of the whole pleadings
2. According to the above facts, the defendant is obligated to take profits without any legal cause by occupying and using each of the lands of this case as military land and thereby, thereby causing property damage equivalent to the same amount to the plaintiffs who are the land owners. Accordingly, in relation to such amount, the defendant is obligated to pay to each of the plaintiff the amount at 901,714 won (=6,312,00 won ±7) until May 2, 2016, which is the service date of the application for change of the purport of the claim of this case and the application for change of the cause of the claim of this case (=6,312,00 won ±7) and the damages for delay at the rate of 15% per annum from May 3, 2016 to the day of complete payment. In addition, from May 3, 2016 to the date of expiration of the defendant's possession or the date of loss of the plaintiffs' ownership, the defendant is obligated to pay each of the above amounts of money in proportion to 15,357 won per month.
3. The plaintiffs' claims are with merit. It is so decided as per Disposition.