A. On April 10, 2002, the Plaintiff is a co-owner who completed the registration of ownership transfer for 5,863.5/11,153 shares of the real estate listed in the separate sheet from Nonparty D (hereinafter “instant real estate”). The Defendant is a co-owner of 5,289.5/11,153 shares of the instant real estate.

B. The Defendant leased to Nonparty E the part indicating the attached drawing among the instant real estate (hereinafter referred to as the instant part) in KRW 1,00,000 for monthly rent from September 30, 201 to February 14, 2015, and leased to Nonparty F KRW 1,100,000 for monthly rent from December 15, 2015.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2 and 4, and the purport of the whole pleadings

2. Determination

A. 1) In the event one of the co-owners of the real estate leases the real estate to a third party without the consent of the other co-owners, the obligation to return the portion exceeding his share out of the profits accrued therefrom as unjust enrichment without any legal ground. According to the above facts of recognition, the defendant is obligated to return the profits to the plaintiff, barring special circumstances, since the defendant's assertion and judgment as to the part corresponding to the plaintiff's share of the plaintiff's share were made by arbitrarily leasing the part of this case jointly owned by the plaintiff to another party, thereby gaining profits without any legal ground, and thereby causing losses to the plaintiff.

In this regard, each statement or image of the evidence Nos. 1 to 7 submitted by the Defendant is the same.