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1. The Plaintiff; Defendant B’s KRW 13,65,212; Defendant C’s KRW 2,722,488; and each of the said money from May 21, 2020 to January 2021.
Reasons
1. Basic facts
A. With respect to the real estate in the separate sheet (hereinafter “the instant real estate”) owned by the deceased D (the deceased’s death on September 7, 1999,”) on November 23, 2010, the ownership transfer, etc. was completed on September 7, 1999 by inheritance on September 7, 199, in the name of the deceased E (3/13 equity), F, G, H, network I, and J (2/13 equity shares).
B. Defendant B is the deceased I and the children of Defendant C.
(c)
In the auction procedure of this case, the Plaintiff purchased the said 4/13 equity shares in the Seoul Northern District Court K, L (Joint) compulsory auction procedure for real estate (hereinafter “instant auction procedure”) with respect to the said 4/13 equity shares among the instant real estate, and completed the registration of the transfer of ownership due to compulsory auction on November 22, 2011 with respect to the said 4/13 equity shares on November 25, 201.
(d)
The real estate of this case was owned by the network E
On September 11, 2013, N purchased the said 3/13 shares in the compulsory auction procedure for real estate M with Seoul Northern District Court M, and on August 27, 2013, on September 27, 2013, N completed the registration of transfer of ownership due to sale by compulsory auction.
【Unfounded Grounds for Recognition】 Each entry of Gap evidence Nos. 1, 11, and 12 (including branch numbers, if any; hereinafter the same shall apply), and the purport of the whole pleadings
2. The Defendants asserted by the Plaintiff are obligated to jointly possess and use the instant real estate from October 1, 2013 to September 30, 2019 without any legal cause to obtain profits equivalent to the usage of the Plaintiff’s share of 4/13 out of the instant real estate and thereby, thereby causing damages equivalent to the Plaintiff. As such, the Defendants jointly have the obligation to pay to the Plaintiff the Plaintiff the interest or delayed damages equivalent to the Plaintiff’s share of KRW 16,387,70, which is the amount equivalent to the Plaintiff’s share of KRW 53,260,026, which is the amount equivalent to the rent of the instant real estate during the same period as the return of unjust profits.
3. The assertion and judgment
A. 1) Whether the Defendants occupied the instant real estate and prior to the occupation period.