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1. The defendant
(a) the delivery of land listed in the separate sheet;
(b) KRW 39,289,994 and this regard shall be December 2013.
Reasons
1. Basic facts
A. The registration of ownership transfer in the name C was completed on February 4, 1937 for each real estate listed in the separate sheet (hereinafter “instant real estate”) by the Gwangju District Court Branch No. 1195, the receipt of February 4, 1937.
B. C A deceased on January 1, 1984, and D, his wife of D, died on January 24, 1991, and upon the death of January 24, 1991, Plaintiff A inherited the instant real estate at the share of 8/14, E, and F, 3/14 shares.
C. Meanwhile, from around 2001, the Defendant occupied the instant real estate and cultivated crops.
The amount equivalent to the rent for the instant real estate from January 1, 2002 to November 30, 2013 is KRW 68,976,090 as shown in the rent calculation table, and the amount equivalent to the monthly rent on or around December 1, 2013 is KRW 628,910.
[Ground of recognition] Facts without dispute, Gap evidence 1 and 2 (including each number; hereinafter the same shall apply), Eul evidence 3, the result of appraiser G's car appraisal, the purport of the whole pleadings
2. Determination on the cause of the claim
A. According to the above facts, the Defendant, as the possessor of the instant real estate, is obligated to deliver the instant real estate to the Plaintiff, among co-owners of the instant real estate, who preserve the jointly owned property, and to pay the amount equivalent to the Plaintiff’s share out of the amount equivalent to the rent equivalent to the rent equivalent due to the possession and use of the instant real estate.
Furthermore, with respect to the amount of unjust enrichment, the rent was 68,976,090 won from January 1, 2002 to November 30, 2013; the rent was 628,910 won from December 1, 2013 as seen earlier; and thereafter, the rent was 628,910 won from January 1, 2002 to November 30, 2013; thus, the Defendant is ratified to have the same rent thereafter. As requested by the Plaintiff, from January 1, 2002 to November 30, 2013, the amount of unjust enrichment equivalent to the Plaintiff’s share (=68,976,090 won8/14), as sought by the Plaintiff, the following day from December 1, 2013 to December 10, 2013, which is a copy of the application for change of the purport of the instant claim and the claim was served on the Defendant.