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1. The plaintiff
A. The Defendants jointly share KRW 1,063,340 as well as the amount to be repaid from December 13, 2016 to the day of complete payment.
Reasons
1. Basic facts
A. On March 21, 2014, the Plaintiff completed the registration of transfer of ownership with respect to Fancheon-si’s land 486 square meters (hereinafter “instant land”) on June 30, 2014 due to the public sale on March 21, 2014.
B. From the time of the Plaintiff’s acquisition of ownership, the Defendants occupied the instant land while owning or occupying containers, etc. installed on the ground of the instant land.
C. Accordingly, the Plaintiff filed a claim against the Defendants for the removal of the aforementioned container, etc. and delivery of the land under the Suwon District Court Branch Branch 2014Kadan32467, and received a favorable judgment on December 18, 2014, and the said judgment became final and conclusive around that time.
After that, on February 5, 2015, Defendant C, D, and E removed from the above container and completed the move-in report in another place.
E. The rent for the instant land from July 1, 2014 following the Plaintiff’s transfer registration date to February 5, 2015, which Defendant C, D, and E removed from the above container, is KRW 1,063,340.
The following day from February 6, 2015 to February 5, 2016, the rent is KRW 1,807,920, and the subsequent rent is KRW 161,590 per month.
[Ground for recognition] Defendant G: The fact that there is no dispute over the remaining Defendants, each entry of Gap evidence Nos. 1 through 4 and 6 (including the provisional number), the result of appraiser H’s appraisal, the purport of the entire pleadings
2. According to the above facts of recognition, the Defendants are obligated to pay the Plaintiff, who is the owner of the instant land, unjust enrichment due to the possession of the said land during the period of possession.
Furthermore, the object and amount of the obligation to pay are examined.
First, since the Defendants occupied the instant land from July 1, 2014 to February 5, 2015, the day following the Plaintiff’s registration of transfer of ownership, the Defendants jointly owned KRW 1,063,340, which falls under the said period, and the Defendants jointly agreed to promote litigation from December 13, 2016 to the day of full payment after the application for change of the purport and cause of the instant claim was served on the Defendants.