1. The Defendant: KRW 37,391,341 for each of the Plaintiffs and 5% per annum from May 15, 2018 to September 11, 2018; and

1. Basic facts

A. The network F (hereinafter “the network”) owned a G 3164m2 (hereinafter “land prior to subdivision”) in G 3164m2 (hereinafter “the land prior to subdivision”).

On August 8, 2012, H field 625 square meters and I field 25 square meters were divided from the land before subdivision, and on November 17, 2016, J field 266 square meters was divided, and the land before subdivision was 266 square meters in G field.

(hereinafter referred to as the “each of the instant real estates”) b.

On November 3, 2017, the deceased died on November 3, 2017, and his heir has the Plaintiffs (the shares in inheritance shall be 1/4, respectively) who are their children.

C. Of each real estate of this case, the Defendant asserted that on January 1, 2009, the portion 1,326 square meters inboard connected with each of the items in the attached drawings 39, 40, 41, 51, 52, 53, 54, 48, 49, 50, 10, 11, 12, 66, 67, 68, 69, 70, 71, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 32, 33, 34, 35, and 39 square meters in line with each of the items in the attached drawings (hereinafter “the part in possession of this case”), the Defendant acquired prescription against the part in this case, and the Plaintiff asserted that the Defendant had occupied the same from the district court from the point 2016 to 207.

From now on, it has been occupied until now.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 7 (including branch numbers for those with additional numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination on the cause of the claim

A. According to the above facts, since January 1, 2009, the defendant constructed a container and other structure on the ground without any legal title from January 1, 2009 to the date, and occupied it without permission. Thus, the defendant is obligated to return unjust enrichment equivalent to the rent for the occupied portion to the plaintiffs who are owners.

According to the result of the court's entrustment of appraisal of the rent to K, the amount equivalent to the rent shall be 148,796,000 won from January 1, 2009 to December 31, 2017, and the amount of unjust enrichment shall be 148,796,000 won, as claimed by the plaintiffs from January 1, 2018.