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1. The plaintiffs' respective claims against the defendants are dismissed in entirety.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. The plaintiffs asserted to E on November 29, 2007, purchased 188m2 from their owners, respectively, five households among the nine households of the instant aggregate building on the land of this case, and completed the registration of ownership transfer in the names of the plaintiffs on December 13, 2007, in proportion to 1/2 shares.
From February 24, 2005 to February 24, 2005, Defendant C owns 102 of the first floor and Defendant D owns 102 of the ground floor from December 1, 2009 to December 1, 2009.
The Defendants are obliged to pay the amount corresponding to each claim to each of the Plaintiffs upon the return of unjust enrichment, as they use the instant land owned by the Plaintiffs as a site for each of the above owned buildings without any legal grounds.
2. Determination
A. On December 13, 2007, the plaintiffs acquired shares of 1/2 of the land in this case and registered as being owned by them, and there is no dispute between the parties that Defendant C owns from February 24, 2005 to December 1, 2009, and Defendant D from February 1, 2009 to December 1, 2009, respectively, from among the nine households of the aggregate buildings (multi-households) constructed on the land in this case. Thus, the defendants are obligated to return profits that they gain by occupying the land in this case as the site of each building owned by them, unless there are special circumstances.
B. As to this, the defendants asserted that the land in this case is the subject matter of the right to a site for each of the above buildings owned by the defendants, and the registration of transfer of ownership in the plaintiffs' names is invalid. The defendants' possession and use of the land in this case are based on the defendants' (ownership) right.
In full view of the overall purport of the pleadings, E’s land and the instant land on June 7, 2004, as well as written evidence Nos. 1 and 2 (including serial numbers).