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1. The defendant
(a) KRW 38,169,650 as well as 5% per annum from November 7, 2015 to February 18, 2016;
Reasons
Facts of recognition
C owned the real estate listed in paragraphs 1, 2-A, 3, and 5 of the attached list (hereinafter “instant real estate”), and died on April 24, 199.
D, E, F, G, H, the Defendant, as the heir or substitute heir of the deceased C on February 11, 2015, completed the registration of ownership transfer in the name of D, E, each of the 18/252 shares, F, G, and H in accordance with their respective shares of inheritance, and the name of the Defendant for each inheritance of 42/252 shares.
From the time of death of C, the Defendant exclusively uses the instant real estate by leasing it to another person.
On the other hand, D, E, F, G, and H transferred their shares in the instant real estate to the Plaintiff, and completed the registration of ownership transfer in the Plaintiff’s name on June 11, 2015.
In addition, around February 2015, D, E, F, G, and H transferred to the Plaintiff the claim for return of unjust enrichment equivalent to the rent owed to the Defendant, and notified the assignment of claims on February 17, 2015, and around that time, the above notification reached the Defendant.
During the period from March 11, 2005 to March 11, 2015, the amount equivalent to the rent for the instant real estate is KRW 133,594,700, and the amount equivalent to the monthly rent for the instant real estate after March 12, 2015 is KRW 1,238,90.
[Ground of recognition] In light of the fact that there is no dispute, Gap's evidence Nos. 1 through 7, the result of the commission of appraisal of rent to the I appraiser's office of this court, and the purport of the entire pleadings, the above facts of recognition are as follows: the defendant, who is the co-owner of the land of this case, has acquired profits equivalent to the rent by exclusively occupying and using the land of this case; and D, E, F, G, and H suffered damages within the scope of his co-ownership.
Therefore, barring any special circumstance, the defendant claims for return of unjust enrichment by D, E, F, G, and H from March 11, 2005 to March 11, 2015 = 38,169,650 won = 133,594,700 won x 72/252 as the result of calculation.