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1. Defendant C shall pay KRW 16,425,369 to Plaintiff A and KRW 7,206,531 to Plaintiff B, respectively.
2. Defendant D is against Plaintiff A.
Reasons
1. Basic facts
A. On June 16, 2004, the Plaintiffs completed the registration of ownership transfer as to Plaintiff A’s share of 2261/3253 shares and Plaintiff B’s share of 992/3253 shares in Seo-gu Incheon, Seo-gu, Incheon.
B. Defendant C, who owns the Defendants’ land, completed each registration of ownership transfer as of August 14, 2006 with respect to G miscellaneous land 989 square meters, and as to H 1,232 square meters of land and 1,565 square meters of land for I and 1,565 square meters of land, on June 22, 1995.
Defendant D completed the registration of ownership transfer on April 10, 2006 with respect to J 679 square meters.
Defendant E completed each registration of transfer of ownership as of December 24, 2002 with respect to K land for 1,489 square meters, and as of 4,314 square meters and 300 square meters with respect to 300 square meters with respect to 1,489 square meters for K land for a factory on June 28, 2001.
C. As the owner of the above G, H, and I land, Defendant C owned the factory on the ground of the above land and occupied the instant land as his factory and container.
From 209 to December 31, 2013, Defendant C occupied a part of 158 square meters indicated in the annexed drawings among the land in this case (the part connecting the fences of factories installed by Defendant C on the land in this case and the outer walls, fences, etc. of each container).
From January 1, 2009 to December 31, 2013, rent for the above occupied portion is KRW 23,631,900 in total as follows:
피고 D의 점유 부분 피고 D는 2009년 이전부터 2013. 6. 30.까지 이 사건 토지 중 별지 도면 표시 ㉣ 부분 160㎡를 점유하였다.
From January 1, 2009 to December 31, 2013, rent for the above occupied portion is KRW 23,473,760 in total, and rent from January 1, 2009 to June 30, 2013 (= KRW 4,776,640 in total) KRW 4,747,20 in KRW 4,949,120 in total and KRW 4,761,60 in total and KRW 2,119,60 in total as follows:
E. Defendant E is the owner of a steel framed building on the above K’s land, and this case owns 7m2 on the instant land, which is subject to the indication of the attached drawings, and occupies the above part of 7m2 among the instant land.