beta
Text
1. The defendant shall pay 228,753,629 won from the plaintiff and 130,823,338 won from March 23, 2018 to the date of full payment.
Reasons
1. Facts of recognition;
A. On September 28, 198, the registration of ownership transfer for the instant apartment was completed on September 27, 198 under the name of I on September 27, 1988. On August 13, 2012, the registration of ownership transfer was completed on September 14, 1999 in the name of the Plaintiff, D, E, F (hereinafter “Plaintiff, D, E, and F”) who is one of the I’s children with respect to each of the 3/11 shares in the name of the wife, D, E, and F (hereinafter “Plaintiff, et al.”).
B. On September 27, 2012, the Seoul Western District Court rendered a decision to commence compulsory auction on September 27, 2012 with respect to the share of 3/11 shares of J among the instant apartment buildings.
In the above compulsory auction procedure, H and G purchased 3/11 shares of J on September 11, 2013, and on September 16, 2013, the ownership transfer registration for 27/110 shares out of the apartment of this case was completed due to compulsory auction on September 11, 2013 in G’s name as to 3/110 shares, and as to 3/110 shares out of the apartment of this case.
C. 1) After I died, J independently resided in the instant apartment. On September 11, 2013, the shares of J on the instant apartment were transferred to H and G through auction as described in the foregoing Section B, the Plaintiff, et al., and three children, who were children, consented to the use of the J’s free possession of the entire apartment. 2) Accordingly, H and G, on October 22, 2013, filed a lawsuit seeking the payment of unjust enrichment equivalent to the rent from September 11, 2013, which acquired the partition of co-owned property and the shares of J on the instant apartment, against the Plaintiff et al. and three others.
On July 18, 2014, the above court shall sell the apartment of this case to H and G for auction and the remaining amount after deducting the auction cost from the proceeds thereof, to H and G for 3/11 and to 3 others at the respective rates of 2/11, respectively;
2. From September 11, 2013, the Plaintiff et al. and three other parties each share the amount of money in proportion to KRW 307,494 per month to H from September 1, 2013 to the date of loss of ownership of the instant apartment, or to the date of possession by the Plaintiff et al. and three other parties, with the amount of money in proportion to KRW 34,166 per month.