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1. The Plaintiff:
A. Defendant B’s KRW 15,130,998 and its related amounts are 5% per annum from September 13, 2013 to November 21, 2013, and 5% per annum.
Reasons
1. Facts of recognition;
A. The buildings listed in paragraph (1) of the attached list (hereinafter “instant building”) are part of the three-story aggregate buildings on the ground of the land listed in paragraph (2) of the attached list (hereinafter “instant land”).
B. Defendant B completed the registration of initial ownership on January 7, 1994 with respect to the instant building. Defendant C purchased the instant building from Defendant B, and completed the registration of ownership transfer on May 15, 2012, and Defendant C acquiring Intervenor D (hereinafter “ Intervenor D”) purchased the instant building from Defendant C and completed the registration of ownership transfer on May 23, 2013.
C. The Plaintiff purchased 37.46/270.6 shares of the instant land and completed the registration of transfer of shares on May 27, 1994.
Some sectional owners of the above aggregate building (the underground 101, 101, 202, and 301) hold shares in the land of this case according to the size ratio of each section for exclusive use. However, some sectional owners, including the defendants, (No. 102, 102, and 201) do not own shares in the land of this case.
E. The area of the section for exclusive use under 102 square meters, which is the instant building, is 74.21 square meters. The area of the section for exclusive use under 102 square meters is 74.21 square meters, and the area of the section for exclusive use under 201 square meters is 69.39 square meters.
[Reasons for Recognition] Unsatisfy, Gap 2-10 Evidence, the purport of the whole pleadings
2. Determination as to the cause of action
A. Since the owner of a section of exclusive ownership without a right to use the site occupies the site of the said section of exclusive ownership without any legal ground, he/she obtains unjust enrichment equivalent to the rent for the area corresponding to the portion to be registered as the site ownership of the said section of exclusive ownership among the said site, and the owner of the share to be registered as the site ownership has suffered damages equivalent to the same amount, barring any other special circumstances, the owner of the said section of exclusive ownership without a right to use the site shall return