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1. The judgment of the court of first instance is modified as follows.
The defendants are jointly listed in the separate sheet No. 1, to the plaintiffs.
Reasons
1. The grounds for this part of the underlying facts are stated by the court, among the corresponding parts of the judgment of the first instance.
Except for deletion of a claim, it is identical to the corresponding part of the reasoning of the judgment of the first instance, and thus, it is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act
2. Determination as to the cause of action
A. According to the facts of recognition as to the claim for delivery of a building, the Defendants are obligated to deliver the instant building to the Plaintiffs, barring any special circumstance.
B. According to the facts found in the judgment on the claim for return of unjust enrichment, the Defendants, prior to December 29, 2016, acquired the instant building by the Plaintiffs, obtained the benefits of use while occupying and using the instant building, and suffered damages equivalent to the same amount. In ordinary cases, the benefits of use of real estate are equivalent to the rent, and thus, the Defendant is obligated to return the amount equivalent to the rent for the instant building to the Plaintiffs. 2) Meanwhile, the illegal occupant of the building bears the obligation to return unjust enrichment not only the rent for the building to the owner of the building site, but also the entire rent for the site of the building. The Defendants also used and profit from the site of the instant building while occupying and using the instant building. Accordingly, the Defendants are obligated to return the entire amount equivalent to the rent for the instant building site.
However, since a building cannot exist regardless of its site according to social norms, the land which became the site of the building shall be deemed to be possessed by the owner of the building. In cases where ownership of the building is transferred, barring any special circumstance, such as where the former owner of the building has a separate title to continue possession of the site even though he/she lost ownership of the building, the possession of the building site shall also be deemed to have been lost.