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1. The Defendants shall jointly and severally pay to the Plaintiff KRW 5,859,287 and the interest rate thereon from November 26, 2016 to the date of full payment.
Reasons
1. Basic facts
A. On December 30, 2015, the Plaintiff acquired 1/2 shares of D apartment 101 Dong 703 (hereinafter “instant apartment”) from a voluntary auction, and completed the registration of ownership transfer on October 24, 2016, and Defendant B purchased the remaining 1/2 shares of the instant apartment on February 15, 2016 and completed the registration of ownership transfer.
B. Defendant B and his husband, Defendant C had been residing together in the instant apartment and occupied and used exclusively before the Plaintiff acquired the share of 1/2 of the instant apartment.
(c) From January 1, 2016 to the same year;
9. Until September, the rent of the apartment of this case is KRW 1,202,90 per month.
[Ground of recognition] A without dispute, Gap evidence 1, Gap evidence 2, appraiser E's appraisal result, the purport of the whole pleadings
2. According to the above facts of determination, since the Defendants exclusively occupied and used the instant apartment without the Plaintiff’s consent, the Defendants are obligated to pay damages for delay at a rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from January 1, 2016 to October 23, 2016, which is the day immediately preceding the day when the Plaintiff loses ownership of the instant apartment 1/2 from January 1, 2016, which was sought by the Plaintiff, since the date when the Plaintiff acquired the Plaintiff’s ownership, who is the 1/2 right holder of the instant apartment.
The Defendants asserted that Defendant B had only the duty to return unjust enrichment after February 15, 2016, which acquired 1/2 shares of the instant apartment. However, there is no assertion or proof as to the fact that the Defendants had a legitimate title to occupy the instant apartment before February 15, 2016, and thus, the Defendants’ assertion is without merit.
3. Conclusion.