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1. The defendant is against the plaintiffs:
A. Each of the details of the judgment of inheritance shares and unjust enrichment of the Plaintiffs is applicable.
Reasons
1. Facts of recognition;
A. On April 17, 1947, on the land specified in Paragraph (1) of the order, the land category of which is the object of the Plaintiffs’ shipbuilding (hereinafter “instant land”) was registered for sale on December 18, 1946. The land category was changed from the answer around May 20, 1958 to the road.
B. As the above O and its children died, the network Q (Death on June 15, 2006) and the network R (Death on October 16, 2016) (the spouse of the above P and the above R were transferred to Plaintiff A, B, C, D, D, E, F, G, Nonparty C, the spouse of the above Q, and Plaintiff I, J, K,K, and L, who are the children of the above P and the above R, respectively, according to their respective inheritance shares ratio.
C. The instant land is occupied by the Defendant from May 3, 2013 to May 3, 2013, which was five years before the date of the instant lawsuit, in a manner used by the general public as a road.
Under the premise that the instant land is a road, the rent is KRW 5,302,800 from May 3, 2013 to May 2, 2018, and the monthly rent as of May 3, 2018 is KRW 104,00.
[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 9, the purport of the whole pleadings
2. Determination
A. According to the above facts, the defendant is obligated to pay to the plaintiffs the amount calculated by the ratio of 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from January 15, 2019 to the day following the day of delivery of a copy of the claim of this case and the application for modification of the cause of claim of this case to the day of complete payment, as unjust enrichment, and the amount calculated by the ratio of the plaintiffs' inheritance shares and unjust enrichment from May 3, 2018 to the day of loss of ownership of the land of this case or the date of closure of the defendant's road from May 3, 2018 to the day of loss of ownership of the land of this case or calculation of unjust enrichment.
I would like to say.
B. Determination of the parties’ assertion 1 Plaintiffs are as follows.