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1. The defendant is against the plaintiffs:
(a) deliver the real estate listed in the separate sheet;
(b) KRW 49,487,096 and January 1, 2015.
Reasons
1. Determination as to the cause of claim
A. On January 9, 2014, the Plaintiffs entered into a sales contract with Defendant and D to the effect that real estate listed in the separate sheet (hereinafter “instant apartment”) owned by them will be purchased at KRW 1.73 billion, but the down payment of KRW 30 million shall be paid at the time of the contract, and the remainder of KRW 1.7 billion shall be paid on January 10, 2014, and the Defendant and D will move within 70 days from the remainder (hereinafter “instant sales contract”).
The Plaintiffs paid a down payment of KRW 30 million to the Defendant and D on January 9, 2014, and completed the registration of transfer of ownership on the instant apartment on January 10, 2014.
Since then, instead of paying the remainder of KRW 1.7 billion to Defendant and D, the Plaintiffs paid all remainder by directly paying each claim amount to Defendant and the mortgagee of the instant apartment on a one-time basis, on January 28, 2014, January 29, 2014, February 14, 2014, and May 7, 2014.
The defendant has occupied the apartment house of this case until now.
From January 1, 2014 to December 31, 2014, monthly rent for the instant apartment is KRW 5.29 million, and monthly rent from January 1, 2015 to KRW 5.32 million.
[Reasons for Recognition] A without dispute, evidence Nos. 1 and 19, result of appraiser E’s appraisal, the purport of the whole pleadings
B. The defendant is obligated to deliver the apartment of this case to the plaintiffs who seek the exclusion of disturbance as the owner of the apartment of this case.
In addition, the defendant is obligated to return to the plaintiffs the unjust enrichment obtained by occupying and using the apartment of this case without any legal ground.
The amount of unjust enrichment to be returned to the Defendant is ① The sum of KRW 49,487,096 (=5290,000 won = 5290,00 won x 5.290,00 won (from March 21, 2014 to December 20, 2014) calculated by the Defendant’s share of the monthly rent from March 21, 2014 to December 31, 2014, which is the amount equivalent to the monthly rent from March 21, 2014 to December 31, 2014, which was agreed by the Defendant to deliver the apartment of this case under the instant sales contract.