Attached Form

The real estate stated in the list shall be put to an auction, and the auction cost shall be deducted from the sale price.

A. Comprehensively taking account of the description of evidence No. 1 and the purport of the entire pleadings as to the claim for partition of co-owned property, the following facts can be acknowledged: (a) the Plaintiff and the Defendant C, D, and E share the real estate listed in the separate sheet (hereinafter “instant real estate”) at each share ratio of 5/25, Defendant F, 3/25, and Defendant G were co-owned by 2/25; and (b) the co-owned property partition agreement as to the instant real estate between the aforementioned parties

According to the above facts of recognition, the Plaintiff, a co-owner of the instant real estate, may claim a partition of co-owned property against the Defendants, who are the remaining co-owners pursuant to Article 269(1) of the

B. In light of the intent of the parties and all the circumstances indicated in the pleadings of this case, the method of partition of co-owned property in this case is an apartment building, and it is the most equitable and reasonable method to sell the real estate in this case to auction and distribute the remaining amount after deducting auction expenses from the proceeds therefrom to co-owners according to the share sharing ratio. Thus, it is divided by this method.

2. Claim for return of unjust enrichment against Defendant D and E

A. On May 24, 2018, the Plaintiff acquired the ownership of 5/25 shares among the instant real estate. From the time to the point of time, the Defendants acquired the ownership of 5/25 shares among the instant real estate, and since then, the fact that the Defendants jointly use and benefit from the instant real estate and that the sum equivalent to the rent from May 24, 2018 to October 31 of the same year is KRW 286,712, and that the amount equivalent to the rent for the subsequent month is 54,166, the fact that the Plaintiff was 54,166, can be recognized in full view of the overall purport of the pleadings in the evidence No. 1 to No. 6, or that the Defendant E led to confession.

B. According to the above facts of recognition, the above defendants jointly and severally filed a complaint in this case against ① the amount of unjust enrichment equivalent to the above fees, KRW 286,712, and this.