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1. The defendant against the plaintiff A,
(a)payment of KRW 7,872,538;
B. From June 1, 2020, 4378 square meters of D forest land in Gangseo-gun, Gangwon-do.
Reasons
1. Facts of recognition;
A. The share of the maternity land before subdivision was jointly owned by E, F, and the Defendant, but E, F, and the Defendant divided the jointly owned property on February 3, 200, and the Defendant completed the registration of ownership transfer on February 17, 200 with respect to the size of 660 square meters, which was divided from the mother’s land.
(2) The Defendant newly constructed two buildings on the ground of the Defendant’s land, and completed the registration of initial ownership on March 16, 200.
(hereinafter referred to as the above building 2. B.
After the division, E’s share of 4378 square meters in Gangwon-gu, Gangwon-gu, Seoul Special Metropolitan City, was partially transferred to H and I, and Plaintiff A acquired all H’s share (4378/5038 shares) on February 28, 2008.
Since then, F's shares and I's shares were transferred to K through J, and on July 19, 2013, Plaintiff B acquired all shares of K (660/5038).
Accordingly, the plaintiffs became co-owners of the above D land.
(hereinafter referred to as the “Plaintiff’s land”). C.
The defendant's land can not enter the public road without passing through the plaintiffs' land, and the defendant uses the part of the plaintiffs' land as the only passage to contribute to the whole part of the access road, and the defendant's building is being used as a car page.
[Reasons for Recognition] Unsatisfy, Gap evidence 1, Eul evidence 1, the purport of the whole pleadings
2. The assertion and judgment
A. (1) The plaintiffs' assertion (1) that the defendant alleged to operate a car page in the defendant's building that he owned, occupied the part of the fixed number of land owned by the plaintiffs, the parking lot part, and the whole entry road, and thus unjust enrichment equivalent to the rent. As such, the defendant shall return to the plaintiffs unjust enrichment equivalent to the rent, from October 1, 2009 to October 1, 2009, the extinctive prescription of which was not completed after the acquisition date of the plaintiff's ownership, and from October 1, 2013 to the completion date of delivery of the above unauthorized occupation from the date of acquisition of the plaintiff's ownership, respectively.
(ii).