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1. Defendant C pays KRW 30,256,403 to the Plaintiff.
2. The Plaintiff’s remaining claims against Defendant C and Defendant B.
Reasons
1. Facts of recognition;
가. 양산시 D 임야 17470㎡(이하 ‘이 사건 토지’라 한다)에 관하여는 1987. 11. 20. 피고 C 앞으로 소유권이전등기가, 이 사건 토지 지상의 목조 스레트지붕 단층축사 194.4㎡ 5동에 관하여는 2008. 9. 30. 피고들 각 2분의 1 지분씩 소유권보존등기가 각 마쳐졌는데, 실제 이 사건 토지 지상의 축사 현황은 별지 기재 ㉠, ㉡, ㉢, ㉣, ㉤, ㉥과 같다
(hereinafter referred to as “the scope of the materials and materials of this case”)
This case’s land and its ground buildings (including the scope and scope of the intent of this case) were voluntarily auction proceedings to this court E, and the Plaintiff was awarded a successful bid on July 25, 2013 and completed the registration of ownership transfer.
다. 원고는 2014. 11. 26. 이 사건 ㉣ 축사를 F에게 임대하는 계약을 체결하고, F에게 ㉣ 축사를 인도하였다. 라.
As of November 16, 2015, the date of the on-site inspection by the court, the following was the state in which both the directors of the instant case were located,
[Ground for Recognition: Facts without dispute, entry of Gap evidence 1 and 4, result of on-site inspection by this court, purport of the whole pleadings]
2. The assertion of the parties and their determination
A. On July 25, 2013, Plaintiff 1 acquired ownership of the instant land and the materials and materials, etc., which were the land of this case or the materials and materials, which were located within the scope of 9,839m2 among the instant land by the Defendants, a married couple, together (excluding the natural forest portion among the instant land, and the area of the instant land, and the area on which the instant land was located, and the scope of 9,839m2 of the instant land, i.e., war
Therefore, the Defendants jointly and severally, from July 25, 2013 to July 24, 2015, were 60,276,000 won as unjust enrichment or damages, and from July 25, 2015, from July 25, 2015, the Defendants were within the scope of the lower court’s decision, i.e., Supreme Court Decision 2006Do888, Jul. 25, 2015.