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1. The Plaintiff:
A. Defendant B, C, D, E, F, G, H, I, and J are the amount stated in Schedule 1. of Annex 3.3.
Reasons
1. Facts of recognition;
A. The Plaintiff’s attached Form on January 16, 2014
1. Each of the lands listed in the list (hereinafter “instant land”) completed the registration of ownership transfer for each share of 14/15, based on sale.
B. Meanwhile, among the land in the instant case, multi-household housing (8 households; hereinafter “Adong”) with four floors of reinforced concrete slab roof of reinforced concrete building (8 households; hereinafter “Adong”), multi-household housing with four floors of reinforced concrete slab roof (7 households; hereinafter “B Dong,” hereinafter referred to as “A Dong”) are each constructed on the ground of 127 square meters and 187 square meters in Plux, and Q road 72 square meters is used as a passage to the said non-Dong housing.
The defendants are not registered before the above plaintiff's transfer of ownership is made in attached Form among the houses of this case.
3. The list “Dong, lake, and owner” is owned by each household as indicated in the list.
[Ground of recognition] Each entry of Gap evidence Nos. 1, 2, 4, 6, Eul evidence Nos. 1 through 3, 5, and 6 (including paper numbers; hereinafter the same shall apply), and the purport of the whole pleadings
2. Determination
A. (1) The Defendants, without any legal ground, are liable to compensate the Plaintiff for damages incurred to the Plaintiff, who is a co-owner by occupying and using the instant land without any legal ground. The Defendants obtain unjust enrichment equivalent to the rent in proportion to the share of the land of each household in respect of the instant land. As such, the Defendants are liable to return unjust enrichment or to compensate for damages incurred by tort, thereby returning the amount equivalent to the rent in proportion
(2) Furthermore, with respect to the amount of unjust enrichment to be returned by the Defendants, the amount of profit from the possession and use of ordinary real estate is the amount equivalent to the real estate rent. According to the result of appraisal of appraiser R in this Court, the rent from January 16, 2014 to November 15, 2015 for each household of the instant house is the attached Form.
2. Land rent table;
1. The term “annual rent” means the table;
2. The term “fixed-term rental fee” is as stated in the table [Provided, That the table (A/Dong 201- A/Dong 201 74,420 won) is the same.