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1. The Defendant’s each of the Plaintiffs’ KRW 15,240,000, as well as 5% per annum from July 26, 2017 to September 20, 2017.
Reasons
1. Determination as to the cause of claim
A. The gist of the Plaintiffs’ assertion is that the owners of E-mail 343 square meters (hereinafter “instant land”) from January 1, 2007 to February 16, 2017, Dong Government-si from February 16, 2017.
Since before 2007, the Defendant occupied and used the instant land by constructing a single-story house and a building for store on the ground of the instant land without permission.
Therefore, the defendant is obligated to pay to the plaintiffs the amount of 45,720,000 won, which is the amount of unjust enrichment equivalent to the rent gained from the occupation and use of the land in this case from January 1, 2007 to February 16, 2017, and delay damages therefor.
B. In fact, on January 18, 2005, the registration of ownership transfer was completed in the Plaintiffs on January 18, 2005 with respect to each 1/3 share of 1/3 of the E large 343 square meters (hereinafter “instant land”).
The instant land was sold to G and H on February 17, 2017 in the F voluntarily auction procedure with the District Court of the Gu Government District.
A single-story house and store building are located on the instant land (hereinafter “instant building”), and the owner of the instant building changed as indicated below.
The level of rent from July 6, 201 to July 6, 2011 by the owner of the instant land between August 17, 1999 to July 8, 2008, Defendant 208 to July 9, 2008, to July 5, 201, as set forth below.
The annual rent for the period of 4,369,800 2, 2008 5,355,400 3,200 4,821,900 4,8200 4,824,824,000 5,822,900 6, 2012 5,175,175,900 7 4,313,200 8208 4,398,100 2014 3,615,900 209 3,616,68,000 2010 3,2015, 2016,3,68,000 2017 1-1, 2017, 201-7, and 201-3,06,00 evidence of the first instance court’s appraisal 2017
C. According to the above facts, unless there are special circumstances, the defendant acquired the plaintiffs, who are the owners of the land of this case, by occupying and using the land of this case through the ownership of the building of this case.