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1. The Defendant’s KRW 786,455 as well as the Plaintiff’s annual rate of 5% from November 17, 2015 to February 9, 2017, and the following.
Reasons
1. Presumed facts
A. C (the representative D; hereinafter “C”) held 1,639,979/1,700,020 shares of E Miscellaneous land (hereinafter “instant land”) among E 17,000 square meters (hereinafter “instant land”). The holders of the said shares held by C, including C, were entitled to KRW 1,658,393/1,70,020 shares among the instant land including C (hereinafter “Plaintiff-owned shares”) on April 19, 2010 and completed the registration of ownership transfer in the future of the Plaintiff on the same day.
B. On August 23, 2001, the Defendant acquired the ownership of Fho Lake (attached Form No. 1; hereinafter “instantho Lake”) with no site right to the instant land among the buildings located on the instant land (hereinafter “instant building”), and completed the registration of ownership transfer to G on August 4, 2016.
C. Of the instant land, the part located on the instant building is connected in sequence to each point listed in the annexed Form 1 through 32 and 1, and the remainder is used as paid parking lots, etc.
【Ground for recognition” without any dispute, Gap Nos. 1 and 2, the result of on-site verification by this court, and the result of entrustment of appraisal to the Korea Land Information Corporation, the purport of the whole pleadings
2. Determination on the cause of the claim
A. According to the facts of recognition as above, the Defendant is obligated to return to the Plaintiff unjust enrichment equivalent to the amount of the Plaintiff’s share out of the rent for the portion of possession of the instant land without a site ownership, from April 19, 2010 to August 3, 2016, which is the day before the Defendant’s loss of ownership to the instant family room, from April 19, 2010, when the Plaintiff completed the registration of ownership transfer of the Plaintiff’s share in possession.
In this regard, according to the "C" and the plaintiff's trust agreement, the proceeds of the trust are the rents generated from the trusted real estate and the amount equivalent thereto, and the beneficiary of the trust proceeds is C, so the plaintiff is the beneficiary of the trust proceeds.