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1. Each of the plaintiffs' claims against the defendant are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. The plaintiffs' assertion as to the cause of the claim is that the defendant without any title uses the land in the separate sheet (the land in this case) in which the plaintiffs shared without any title, as a road, and thus, the defendant is obligated to return unjust enrichment equivalent to the rent to the plaintiffs
The Defendant’s amount of unjust enrichment against the Plaintiffs is the amount calculated by the ratio of KRW 15,585,00 each from October 16, 2013 to October 15, 2014 (i.e., KRW 2,597,50 per month x 12 x 1/2 x 1/2) and the amount calculated by the ratio of KRW 1,320,250 each month from October 16, 2014 to the date on which the Defendant’s possession of the instant land is terminated or the date on which the Plaintiffs loses ownership is forfeited (= KRW 2,640,500 x 1/2).
Therefore, the defendant is obligated to pay each of the above amounts to the plaintiffs.
2. Determination as to the cause of claim
A. On October 7, 2013, the Plaintiffs are co-owners who have completed the registration of ownership transfer on October 15 of the same year and paid the successful bid price after winning one-half shares of each of the instant land in the auction procedure in the Suwon District Court, Sung-nam Branch C Voluntary Auction Case. 2) The Defendant uses the instant land as a road before the Plaintiffs acquire the ownership share of the instant land.
[Ground of recognition] Facts without dispute, Gap 1 through 8 (including each number, hereinafter the same shall apply), the purport of the whole pleadings
B. According to the above facts of recognition, since the defendant occupies and uses the land of this case as a road, it is obligated to return unjust enrichment from possession to the plaintiffs, the owner of the land of this case, unless there are special circumstances.
3. Judgment on the defendant's defense
A. The gist of the Defendant’s assertion is that D and E, the owners of the land prior to the division, constructed three row houses on the land prior to the division, and sold out about 50 persons on the land prior to the division, and provided the instant land by dividing the said land from the said land to the passage of the remaining land, thereby giving up the exclusive and exclusive right to use and benefit from the instant land.