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1. The Defendant (Counterclaim Plaintiff) shared with the Plaintiff (Counterclaim Defendant), 13,194,00 won, and from June 23, 2013 to June 22, 2014.
Reasons
1. The Plaintiff obtained a building permit under the name of G and constructed Class II neighborhood living facilities (repair stores, general restaurants, and offices) of the Daejeon Seosung-gu Flue Building with the second floor reinforced concrete building (hereinafter “instant building”). The said building was constructed at the Plaintiff’s expense. The building was approved for use on July 9, 2007. The network B resided the said building with the Defendants as their family members from the time on August 23, 201 to the time on which it was occupied and used, and died on March 28, 2013, and the Defendants occupied and used the said building until June 22, 2014; the fact that there was no deposit from August 23, 201 to August 201 to August 27, 2007; or that there was no deposit from the said building; or that there was a dispute between the parties’ testimony and testimony during the period from August 23, 2011 to August 30, 2015 to August 29, 2013.
According to the above facts, the plaintiff is the person who acquired the building of this case from the original purchaser, and the defendants possessed and used the building of this case without title.
In addition, the monthly rent after August 23, 2013 can be viewed as KRW 593,00.
Therefore, the Defendants jointly have a duty to jointly pay to the Plaintiff the amount calculated by applying the ratio of KRW 13,194,00 per month to KRW 593,00 per month as unjust gains from August 23, 2011 to June 22, 2013) and from June 23, 2013 to June 22, 2014.
As to this, the Defendants are the owners of the instant building G who are the title trustee, and the Plaintiff is only the title truster, and the Plaintiff, the title truster, has no right to seek unjust enrichment against the Defendants from the possession and use of the building, and the Defendants are the said building from G, the title trustee.