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1. The Plaintiff:
(a) Defendant B: (a) KRW 1,456,00 per annum from April 29, 2017 to April 25, 2018; and (b) 5% per annum from April 29, 2017 to April 25, 2018.
Reasons
1. Facts of recognition;
A. The Plaintiff completed the registration of ownership transfer on November 10, 2016 as a purchaser in the procedure for compulsory auction conducted as F of the Seoul Central District Court with respect to 2/7 shares of each building listed in the separate sheet, and completed the registration of ownership transfer on the same day. Of the buildings listed in the separate sheet 3, the Plaintiff completed the registration of ownership transfer on March 17, 2017 to the Sejong District Court for the reason of sale.
B. The Defendants are occupying and using each building listed in the separate sheet as listed below, and the rent from November 11, 2016 to December 10, 2017 to the Plaintiff’s share in each of the above buildings are as listed in the following table:
Defendants 1 (2/7 shares) and 2 (2/7 shares) of the attached Table 1 of the monthly rent (2/7 shares) for the occupancy and use period of the building (2/7 shares) Defendant C from February 3, 2012 to June 282, 2017 to April 11, 2016 to March 16, 200 (2/7 shares) 290,000 to December 17, 2017 to December 10, 207, and 260,000 (2/7 shares) of the attached Table 2 (2/7 shares) of the attached Table 2 of the attached Table 2 of the building (2/7 shares) and Defendant C, who had no dispute over each of the following facts: Defendant C’s evidence No. 1, 2014 to May 15, 2014; Defendant C/3 (2/7 shares of the attached Table); Defendant E/145,000 as the result of the appraisal
2. According to the above facts of determination as to the cause of the claim, the Defendants are obligated to return the above facts in unjust enrichment, as it occupied and used each building listed in the separate sheet as stated in the above table, thereby gaining profits from the use of that building. Accordingly, the Plaintiff, a co-owner of each of the above buildings, suffered losses equivalent to the profits from the use of that building.
Furthermore, this paper examines the amount of unjust enrichment to be returned by the Defendants.
In ordinary cases, the amount of profit from the possession and use of real estate is the amount equivalent to the rent of the real estate.
(1) Therefore, the unjust enrichment to be returned by Defendant B is included in the attached Table 1.