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1. The defendant's appeal is dismissed.
2. In accordance with the purport of the purport of the claim added at the trial, the defendant is against the plaintiffs on 27,228.
Reasons
1. The reasoning of the court's explanation concerning this case is that it is insufficient to admit the defendant's assertion as to the plaintiffs' claims added through incidental appeal in the trial of the court of first instance, and it is identical to the part of the reasons of the judgment of the court of first instance, and therefore, it is also acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act, as it is, inasmuch as the plaintiffs' claims added through incidental appeal in the trial of the court of first instance are
[Supplementary part] The defendant asserts that the defendant is obligated to pay to the plaintiffs the amount equivalent to the past rent for the part of the land occupied by the defendant in this case that the defendant illegally occupied and used and the amount equivalent to the rent until the termination of future illegal occupation.
If we look at the purport of the entire argument as a result of the appraisal entrustment to the appraiser R by the court of the first instance, the fact that the land occupied by the defendant was owned by the plaintiffs, the defendant is residing in the defendant building of this case constructed without permission on the above land, the fact that the amount equivalent to the rent for the land occupied by the defendant of this case from September 8, 2005 to September 7, 2015 exceeds 27,228,000 won, and the fact that the rent for the land in this case as of September 8, 2015, which is close to the date of the closing of argument of this case, exceeds 264,00 won a month.
Therefore, the defendant, upon the plaintiffs' request, submitted the plaintiffs' request for change of the purport of the claim of this case and the cause of the claim of this case from September 8, 2005 to September 7, 2015, which was ten years retroactively from the date when the plaintiffs submitted the request for change of the purport of this case and the cause of the claim of this case, and 27,228,000 won as to unjust enrichment equivalent to the rent for the land occupied by the defendant of this case, and damages for delay by 15% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from September 16, 2015 to the date when the request for change of the purport of the claim and the cause of the claim were served to the defendant.