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The Plaintiff
A. As to Defendant B’s KRW 257,750 and its KRW 179,950, Defendant B, from July 9, 2019, and KRW 77,800.
Reasons
1. Facts of recognition;
A. The land of this case (hereinafter “instant land”) is a land divided from the 86,071.9 square meters in Gangdong-gu Seoul Metropolitan Government, the mother land of which is the Seoul Eastern District Court Decision 2009Gahap22554 Decided February 18, 201, in order to be used as the public site of E commercial buildings located on the ground (hereinafter “instant commercial buildings”).
B. The Plaintiff is one of the co-owners holding 36.7/1,758.5 shares in the instant land and is the owner of the instant shop G, and Defendant C acquired the ownership of the Hho shop among the instant shop on December 16, 2005, but transferred the ownership after selling it to Defendant B on February 28, 2017. Defendant B purchased and owns the Hho shop as above.
C. On March 2012, Defendant C leased Hho Lake shop for the purpose of real estate brokerage office, and installed a entrance at the outer wall section which connects each point of 5,00,00 of the instant commercial buildings as indicated in the separate sheet No. 5,00 among the instant commercial buildings. The part of “A” connected in order to each point of 5,6,7,8, and 5 of the separate sheet No. 12,000 in front of the entrance of the instant commercial building (hereinafter “the instant portion of possession”), which was connected in sequence 5,6,7,8, and 5, was used as the entrance of the said store.
Since then, Defendant B was above.
B. If the Defendant C’s H heading shop is transferred, as set forth in paragraph (1).
The concrete structure of the subsection has also been acquired to Defendant B for the same purpose, and the above structure still exists without being removed as of the date of closing the argument in this case.
[Ground of recognition] The fact that there is no dispute, significant fact in this court, each description or image of Gap's evidence 1 through 4, and 6, the result of the survey and appraisal by appraiser I, the purport of the whole pleadings
2. Determination as to the cause of action
A. According to the facts as to the claim for return of unjust enrichment from illegal occupation under Article 1(1), the purport that Defendant C seeks from March 2012 to February 28, 2017, and Defendant B from March 1, 2017 is the purport that the Plaintiff seeks from March 1, 2017.