beta
Text
1. The Defendants are 96,094,545 won to each Plaintiff and 5% per annum from November 20, 2014 to February 12, 2015.
Reasons
1. Facts of recognition;
A. On November 28, 2001, the Plaintiff acquired the ownership of a building D, 166 square meters and above ground (hereinafter “the building of this case”) in Busan Metropolitan Government, and on November 27, 2001, acquired the ownership of a building of 194 square meters and above ground (1st 88.92 square meters, 2nd 80.38 square meters and 2nd 80.38 square meters (hereinafter “the building of this case”).
B. From February 1, 2010 to September 20, 2014, the Defendants operated “F” and “F” in the building No. 1 of this case, and only Defendant C operated a single house in the building of this case from February 1, 2010 to September 20, 2014.
C. From July 10, 2009 to September 20, 2014, the Defendants occupied and used only the second floor of the instant building.
[Ground for Recognition: Facts without dispute, entry of evidence A1 through 3 (including branch numbers if there are branch numbers), purport of the whole pleadings]
2. The assertion and judgment
A. The Plaintiff’s assertion (1) from 1999 to 199, the Defendants occupied the instant building by operating a sugar house in the instant building without any title. From that time, the Defendants began to reside in the instant building 2.
The Defendants removed from the building Nos. 1 and 2 of this case on September 20, 2014.
Therefore, the Defendants are obligated to pay the Plaintiff, who is the owner of the building Nos. 1 and 2 of this case, with unjust enrichment equivalent to the rent. Therefore, the Plaintiff seeks payment from the Defendants of unjust enrichment as set forth in paragraph (2) below.
(2) The unjust enrichment amounting to the period from January 1, 2004 to September 20, 2014, for which the Defendants shall pay to each Plaintiff, is as follows.
(A) 203,754,000 won for the period from January 1, 2004 to December 31, 2013 (i) the rent of KRW 127,91,00 for the period from January 1, 2004 to December 31, 2013 (i) the instant building for the period from January 1, 2004 to December 31, 2013 (i.e., rent of KRW 132,271,00 for the period from January 1, 2004 to April 21, 2014 - Rent of KRW 132,271,00 for the period from January 1, 2014 to April 21, 2014 to April 1, 2014) the instant building for the period from April 21, 2014 to December 31, 2014.