1. Of the judgment of the court of first instance, the part against the Defendants ordering payment in excess of the following amount.

1. The reasoning for the court’s explanation as to this part of the underlying facts is as follows: (a) adding “the foregoing judgment” to “the 3th written judgment of the first instance, 2015.11.3”; (b) deleted “the 3th written judgment,” and “the 20th written judgment,” and “the Defendants delivered each of the instant real estate to the Plaintiff on January 13, 2017,” and thus, it is identical to the reasoning for the first instance judgment, and thus, cited it in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The parties' assertion

A. The Defendants asserted that the Plaintiff occupied and used each of the instant real estate without any authority despite the fact that the instant judgment was rendered on October 17, 2014 and the final judgment became final and conclusive. As such, the Defendants jointly have a duty to jointly pay to the Plaintiff unjust enrichment equivalent to the rent from October 18, 2014 to the completion date of delivery of each of the instant real estate.

B. The Defendants’ assertion constitutes a bona fide possessor until the judgment of the instant name map becomes final and conclusive, and a bona fide possessor is entitled to acquire negligence pursuant to Article 201(1) of the Civil Act. As such, the Defendants are obligated to return only unjust enrichment equivalent to the rent from the day after the judgment of the instant name map becomes final and conclusive to January 13, 2017.

3. Determination

A. (1) According to the facts of determination as to Defendant B’s obligation to return unjust enrichment, Defendant B did not have a legal title to occupy and use each of the instant real estate after September 19, 2014 when the loan contract concluded with Defendant B on each of the instant real estate was terminated. Meanwhile, pursuant to Article 201(1) of the Civil Act, the possessor in good faith does not have a duty to return gains from the possession and use of the instant real estate even if he/she occupied and used another’s building without any legal ground and thereby inflicted damage on him/her. However, in good faith, even if he/she does not have a legal title to possess and use the instant real estate.