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1. On the Plaintiff (Counterclaim Defendant),
A. Defendant (Counterclaim Plaintiff) A and B jointly share KRW 3,440,000, and their related thereto.
Reasons
1. Basic facts
A. On November 2, 2012, the Plaintiff acquired ownership on the ground of sale on November 2, 2012, by obtaining a successful bid in a compulsory auction for real estate auction by the court with respect to the 1/3 share of 1/3 of each building listed in the attached list of real estate (hereinafter referred to as “each building of this case”, and individually, the section for exclusive use is specified as the building number
B. Defendant A and B possess and use the entire 101 shares of 2/3 of 101, and Defendant C owns and uses the entire 102 shares of 2/3 of 102, and Defendant C occupies and uses the entire 401 shares of 401 among 401. Defendant G occupies and uses the entire 301 shares of 2/3 of 301. Defendant G owns and uses the entire 301 shares of 301.
On the other hand, Defendant E and F own 2/3 shares of 202 and 402, and Defendant E occupies and uses all of 202 shares, and Defendant F occupies and uses all of 402 shares.
C. The rent and monthly rent for the portion of 1/3 of each of the instant buildings from November 2, 2012 to November 1, 2013 are as follows.
Monthly rent of KRW 101,3,440,00 for the period of real estate; KRW 286,70 for the monthly rent of KRW 102 for the period of real estate; KRW 3,507,500 for KRW 286,700 for KRW 202 for KRW 3,507,500 for KRW 292,300 for KRW 301 for 3,440,000 for KRW 286,700 for KRW 402 for KRW 402 for KRW 3,440 for the period of real estate; KRW 286,70 for each of the evidence submitted by the appraiser entrusted by this court; the purport of this court; the result of the appraisal of the appraiser entrusted by this court; and the purport of the whole pleadings;
2. Determination as to the principal lawsuit
A. In light of the above basic facts, barring any special circumstance, Defendant A and B obtained profits equivalent to the rent by occupying and using each of the Plaintiff’s respective 1/3 equity shares, among the Plaintiff’s No. 402, Defendant C and Defendant C, 102, Defendant E and Defendant G, 301, Defendant D and Defendant F, respectively, without any legal cause. The Plaintiff suffered losses equivalent to the same amount, and thus, the Defendants are obligated to pay the Plaintiff the amount equivalent to the rent for the relevant part.
(2) However, Defendant.