Text
1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1.
Reasons
1. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except for adding the following judgments, thereby citing it as is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. In calculating the amount of unjust enrichment equivalent to the monthly rent that Defendant A should return to the Plaintiff, Defendant A asserts that, not 564,200,000 won and the expected interest rate per annum 4% per annum based on the result of the appraisal by the appraiser J of the first instance trial, Defendant A’s additional determination shall be based on 360,361,000 won, the purchase price of the instant land, and 360,361,000 won, the purchase price of the instant land at the auction procedure, and 3% per annum, the expected interest rate, based on the increase in the interest rate for the term deposit announced by the Bank of Korea.
However, it cannot be concluded that the price purchased by the Plaintiff at the auction procedure is the objective price assessment value of the land in this case, and there is no evidence to prove that the appraisal result is not the objective price assessment value of the land in this case, and that there is a decline in the rent reduction due to the reduction in the fixed deposit interest rate, unlike the appraisal result, the defendant A’s assertion is without merit.
3. In conclusion, the plaintiff's claim against the defendant A is justified within the above scope of recognition, and the remaining claims are dismissed as it is without merit. All claims against the defendant B and E are justified. The judgment of the court of first instance is just in conclusion, and the defendants' appeal is dismissed as it is without merit. It is so decided as per Disposition.