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1. Defendant C shall pay KRW 8,259,882 to the Plaintiff and KRW 8,474,076 to the Defendant E, respectively.
2. The defendant C to the plaintiff Eul 6.
Reasons
1. Basic facts
A. On July 3, 1997, Plaintiff B purchased from F the share of 165.3/327 square meters in G G 327 square meters in Seoul Special Metropolitan City (hereinafter “instant land”) and completed the transfer registration under the Seoul Central District Court No. 33475 on August 5, 1998.
Plaintiff
A on October 17, 197, purchased H large 198 square meters (hereinafter “instant land”) and completed the registration of ownership transfer as Seoul Central District Court No. 10633, Oct. 18, 197.
B. On March 197, 197, the Plaintiffs and D (the right holder of the land of this case) agreed to construct a tenement house on the land of this case No. 1 and No. 2, and I completed the J apartment house on November 2002 (hereinafter “the instant apartment house”).
C. On July 22, 2011, Defendant C acquired the ownership of the instant apartment house K and L, respectively, and Defendant C lost their respective ownership on June 1, 201, on November 25, 201, and L lost their respective ownership on November 25, 2016.
Defendant E acquired ownership of the instant tenement M on January 14, 2009, but lost its ownership on June 13, 2016.
[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 9, Eul evidence Nos. 1 and 1 (including additional numbers), the appraiser N's appraisal result, the purport of the whole pleadings
2. Judgment on the plaintiffs' assertion
A. According to the facts of the establishment of the right to claim the return of unjust enrichment, the Defendants: (a) occupied and used each land of the plaintiffs in the manner of owning the individual number of houses on each land of the plaintiffs; (b) obtained profit from the use of the land; and (c) thereby, suffered loss equivalent to the same amount to the Plaintiff, who is the pertinent
Therefore, the Defendants are obligated to return the same to each Plaintiff, the individual landowner, as unjust enrichment, barring special circumstances.
B. We examine the scope of unjust enrichment and the amount of unjust enrichment.
In ordinary cases, the amount of profit from the possession and use of real estate shall be the difference in the real estate.