A. On May 28, 2010, D, the owner of the building listed in the separate sheet (hereinafter “instant building”) died on May 28, 2010 and completed the registration of ownership transfer for the respective 2/13 shares and 2/13 shares in respect of the instant building on June 11, 2010, E, his/her spouse E, Defendant, F, G, and B, his/her heir.

B. On November 25, 2011, E deceased on November 25, 201, and the heir F, Defendant, G, and B, around that time, shall consult on the division of inherited property to inherit 0.75/13 shares among 3/13 shares in the instant building of E, and completed the registration of ownership transfer on April 24, 2012.

C. B completed the registration of ownership transfer for reasons of sale on June 15, 2013 with respect to 0.83/13 of the shares owned by A, among the instant building, on August 7, 2013, and G completed the registration of ownership transfer for reasons of sale on October 27, 2014 with respect to shares owned by A, 0.3/13 of the said building, on October 24, 2014.

A, the Defendant, F, G, and B registered a real estate rental business with the trade name of “H” and had F manage the instant building. The Defendant operated Lestop from August 11, 2008 to October 7, 2016, 365.51 square meters of the underground floor of the instant building (hereinafter “the underground floor part of the instant building”), and the rent from June 1, 2010 to June 1, 2010 for the said underground floor is as listed below.

E. On August 28, 2018, A’s child B (hereinafter “Plaintiff-Appellant”) who was the inheritor of A (hereinafter “Plaintiff-Appellant”) died on August 28, 2018 during which the instant lawsuit was pending, took over the instant litigation procedure on November 9, 2018.

[Ground of recognition] Facts without dispute, Gap's entries in Gap's 1, 2, 4, Eul's 1 through 3, 9-2, and 10 (including each number), and the purport of the whole pleadings

2. Determination

A. According to the facts of recognition as to the establishment of the obligation to return unjust enrichment, the Defendant occupied the underground floor part of the instant building from August 11, 2008 to October 7, 2016, and owned shares without any legal grounds.