1. The Plaintiff:

A. Defendant C shall be 4,392,577 won, Defendant D shall be 2,928,385 won, Defendant E shall be 2,928,384 won, and each of the said money.

Facts of recognition

The Plaintiff is a redevelopment and consolidation project association that obtained authorization for establishment from the head of Seongbuk-gu Office under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) on March 20, 2009 by making Seongbuk-gu Seoul and 86,921.7 square meters of land outside the Seongbuk-gu Seoul Metropolitan Government as a project implementation district.

The Defendants’ deceased B (hereinafter “the deceased”) owned each real estate listed in the separate sheet in the said project implementation district (hereinafter “each of the instant real estate”), and Defendant C, A, and E, the spouse of the Defendants, died on March 6, 2017, which was after the instant lawsuit was filed, jointly inherited.

The Plaintiff acquired the ownership of each of the instant real estate on January 13, 2017 by obtaining authorization for the implementation of the project on January 10, 2013 from the head of Seongbuk-gu, and the authorization for the implementation of the project on September 12, 2016, and deposit money after receiving a ruling for expropriation of each of the instant real estate.

Before the death of the deceased, the deceased occupied the real estate of this case, and after the death of the deceased, the Defendants occupied each of the real estate of this case.

With respect to each of the instant real estate, the rent shall be KRW 47,698,880 from January 14, 2017 (the following day accepted by the Plaintiff) to September 12, 2017 (the base date of appraisal close to the date of closing argument in this case), and the monthly rent shall be KRW 5,95,210 on September 12, 2017.

【In light of the facts without dispute over the grounds for recognition, Gap evidence 1, Gap evidence 3-1, Eul evidence 3-2, Gap evidence 5-2, Gap evidence 6-2, Eul evidence 1-3, Eul evidence 1-3, and the whole purport of the pleadings, the above facts of recognition as to the grounds for claim for restitution of unjust enrichment equivalent to the rent due to the deceased’s possession from January 14, 2017 (the day following the day when the plaintiff accepted) to March 6, 2017 (the date of death of the deceased), and thus, the defendants jointly pay to the plaintiff according to the legal share of inheritance. From March 7, 2017 to the delivery date of each of the instant real estate from March 7, 2017 to the date of delivery.