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1. From June 10, 2019 to the Plaintiff among the judgment of the court of first instance, the Defendant as to the land indicated in the attached Table from June 10 to the Plaintiff.
Reasons
1. Facts of recognition;
A. On April 16, 1984, the Defendant completed the registration of ownership transfer with respect to the land indicated in the separate sheet (hereinafter “instant land”), and completed the registration of ownership transfer with respect to the wooden ground, string ground, roof, and 82.7 square meters constructed on the above land around March 29, 191.
B. On July 21, 2001, the Defendant completed the registration of partial transfer of ownership on the ground of the transfer on January 10, 1998 with respect to the one-fifth share of each of the instant land to D, E, F, and G.
(A) The share of the land of this case remaining to the defendant was 1/5).
With respect to the 1/5 share of the instant land owned by G, the real estate auction procedure was commenced due to his default of national taxes.
The Plaintiff received the successful bid in the public sale procedure and paid the purchase price on June 10, 2019. On June 17, 2019, the Plaintiff completed the full registration of transfer of the shares in threeGs on the ground of the public sale conducted on June 10, 2019, under the receipt of the Suwon District Court’s Ansan Registry (No. 24917).
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 4, and 5, the purport of the whole pleadings
2. Determination as to the cause of action
A. The gist of the cause of the claim is that the Defendant without a legitimate title occupies all of the instant land. As such, the Plaintiff, a 1/5 equity right holder of the instant land, is obligated to pay the Plaintiff the amount of money calculated at the rate of KRW 200,000 per month from June 10, 2019, as unjust enrichment equivalent to the said share in return for illegal occupancy.
B. According to the facts established prior to the determination, the Defendant, without legitimate authority, exclusively uses and benefits from the instant land without paying a purchase price according to the public sale procedure on June 10, 2019, thereby infringing on the Plaintiff’s right to use and benefit from the said land according to the ratio of his/her share. As such, the Defendant is obligated to return to the Plaintiff the amount equivalent to 1/5 shares out of the profits from the use of the instant land benefit accrued without any legal cause in relation to the Plaintiff.
On the other hand.