1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

1. Basic facts

A. On September 17, 2001, the Plaintiff purchased real estate listed in the separate sheet (hereinafter “instant apartment”) from D Co., Ltd. (hereinafter “D”) and completed the registration of ownership transfer on September 18, 2001.

B. The Defendants resided in the apartment house of this case from May 26, 2007 to the present date and occupy it.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. Determination

A. According to the above facts of determination as to the cause of the claim, the Defendants are obligated to deliver the instant apartment to the Plaintiff, the owner.

In addition, since the Defendants, since before May 26, 2007, jointly occupied and used the apartment of this case before they obtained benefits without any legal grounds and thereby suffered damages equivalent to the same amount to the Plaintiff, they are jointly obligated to return such benefits to the Plaintiff.

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. According to the result of the appraisal of the rent of the appraiser L of the first instance court from May 26, 2007 to May 25, 2017, the rent of the above apartment can be recognized as the total of 57,575,000. Meanwhile, according to the above appraisal of rent, the rent of the above apartment as of May 26, 2017 is 642,00 per month, and the rent thereafter is confirmed as the same.

Therefore, the Defendants are jointly and severally obligated to jointly and severally pay to the Plaintiff the total amount of KRW 57,575,000,000 for unjust enrichment from May 26, 2007 to May 25, 2017, and as requested by the Plaintiff, the amount calculated at the rate of 15% per annum as stipulated in the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from December 20, 2017 to the date of full payment following the delivery of the written application for modification of the purport of the instant claim and the cause of the claim. The Defendants are obligated to pay the amount calculated at the rate of KRW 642,00 per month from May 26, 2017 to the date of completion of delivery of the instant apartment.

B. The Defendants’ assertion regarding the Defendants’ assertion is determined by Defendant B.