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1. The defendant against the plaintiffs
(a) 8,020,040 won and 5,641,678 won among them shall be from August 6, 2019 to 145,564 won.
Reasons
1. Basic facts
A. The Plaintiffs and the Defendant inherited the real estate listed in the separate sheet (hereinafter “instant land”) as the deceased F (Death on September 9, 2014)’s children and shared 2/13 shares, respectively.
B. The Defendant solely occupies and uses the instant land after September 10, 2014.
C. The monthly rent for each period from September 10, 2014 to March 9, 2020 of the instant land is as listed in the attached Table. The sum of the rent is KRW 52,130,280, and the monthly rent as of March 9, 2020 is KRW 684,220.
[Grounds for Recognition] Unsatisfy, each entry of Gap evidence 1 to 3 (including virtual number), appraiser G's appraisal result and the purport of whole pleadings
2. Determination as to the cause of action
A. As to the claim for unjust enrichment equivalent to the rent, co-owners may use and benefit from all the co-owners at their share ratio, and the matters concerning the management of the co-owned property are determined by a majority of shares of co-owners, if one of the co-owners occupies and uses the property exclusively without the consent of a majority of shares among the co-owners, then the other co-owners shall make unjust enrichment corresponding to their share ratio (see, e.g., Supreme Court Decision 2006Da49307, 49314, Nov. 24, 2006). According to the above facts, the defendant has exclusively occupied and used and benefit from the land of this case after September 10, 2014, and there is no evidence to deem that there was an agreement among the co-owners as to the exclusive use and benefit of the land of this case, the defendant is obligated to return the part corresponding to the plaintiffs' share ratio to the profits accrued from the exclusive use of and benefit from the land of this case to the plaintiffs as unjust enrichment.