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1. The defendant,
A. As to Plaintiff A’s KRW 12,714,724 and KRW 4,352,250 among them, KRW 8,362,474 shall be applicable.
Reasons
1. Facts of recognition;
A. On November 8, 1973, the network D succeeded to 33/132 of the 1,074 square meters among the 1,074 square meters in Gyeyang-gu, Seoyang-gu, Seoyang-gu. Since then, on November 1, 2010, E is a 13 square meters in a road and 161 square meters in a F road on April 6, 2016 (hereinafter “F land”), respectively, in the said land.
B. The network D died on January 19, 2015, and the Plaintiffs were their successors with respect to C’s land and F’s land; Plaintiff A’s share 19.8% of each of the above lands on June 8, 2015; and Plaintiff B’s share 13.2% of each of the above lands on the same day.
C. On March 8, 1977, the Defendant completed the registration of ownership transfer with respect to G large 1,954 square meters (hereinafter “instant adjoining land”) adjacent to the land C and F, Gyeyang-gu, Seoyang-gu, Seoyang-gu, Seoul. The Defendant newly constructed a building on the above adjoining land and uses it as the community service center. The Defendant installed a fence on the part of the boundary of the land C and F land, and uses the said part as the parking lot of the community service center.
Around April 2016, the Defendant became aware that all of the land C and F are being used as a passage or parking lot for the users of the above community service center while constructing the community service center on the land adjacent to the instant case. Accordingly, on April 20, 2016, the Defendant acquired F land through consultation from the Plaintiffs, etc. and completed the registration of ownership transfer on April 22, 2016.
E. C The amount equivalent to the rent for each period of land C and F land (calculated from five years before the filing of the instant lawsuit to the date of acquisition of the Defendant’s ownership in the case of F land) are as listed in the following table:
Of them, the amount of each of the plaintiffs' shares is KRW 8,362,474 (=5,749,83 won x less than KRW 19.8/132 x less than KRW 19.8/132 x less than KRW 19.8/132 x 19.8/132 x 19.2) with respect to the land F (i.e., KRW 29,00 x 19.8/132 x 5,574,983 (= KRW 55,749,833 x 13.2/132 x 13.2) with respect to the land portion of the plaintiff Eul (=2,901,583 won x 29,015,833 won x 13.2/132).
subject land.