(1) On October 8, 2014, the Plaintiff and D purchased from E, F, and G (each 1/3 equity ownership) the H-gu Busan Metropolitan Government H 179 square meters (hereinafter “instant land”). On November 28, 2014, the Plaintiff and D completed the registration of ownership transfer with respect to each 1/2 equity of the instant land.

B. On April 11, 1978, Defendant B constructed a building indicating the attached real estate (hereinafter “instant building”) on the land of 132 square meters adjacent to the said land, and completed the registration of ownership preservation. On August 12, 2015, Defendant C purchased the instant building from Defendant B on the said land and completed the registration of ownership transfer on November 9, 2015. < Amended by Act No. 13588, Nov. 9, 2015>

【A.” Part 11 square meters of “A.” (hereinafter referred to as “A.”) connected in sequence of each point of indicated 1, 2, 3, 4, and 1 among the instant buildings are invaded by the land of this case.

x. Meanwhile, after completing the registration of ownership transfer on the instant land on November 28, 2014, the monthly rent of 126,500 won from November 28, 2014 to November 27, 2015, the monthly rent from November 28, 2015 to November 27, 2016 is KRW 129,800, and the monthly rent from November 28, 2016 to November 27, 2016.

[Ground of recognition] Facts without dispute, entry of Gap 1 to 3 evidence, the result of a request to the appraiser J of this Court for appraisal of rent, the purport of the whole pleadings

2. Determination

A. (1) The judgment on the cause of the claim is based on the above premise. According to the above premise, Defendant C invaded the land of this case against the Plaintiff.

Defendant B is obligated to remove a part of the building, and Defendant C is each obligated from November 8, 2015, before transferring the ownership of the building of this case to Defendant C, and Defendant C from November 9, 2015, respectively.

Since land equivalent to a part of the building area is occupied without title, the defendants are obligated to return the monthly rent equivalent to the monthly rent to unjust enrichment.

(2) However, the right to claim for rent based on a co-owner's co-ownership is based on their shares.