1. The judgment of the first instance court, including the plaintiff's claim extended by this court, shall be modified as follows:

1. Basic facts

A. The Plaintiff is the owner who completed the registration of ownership transfer on November 16, 2015 with respect to the land of 501 square meters (hereinafter “instant land”) prior to the Nam-gu Incheon Metropolitan City E on the ground of sale by voluntary auction on November 16, 2015.

B. Of the housing units of the Incheon Southern-gu E and F ground Nadong Multi-household (hereinafter “instant building”), Defendant B, Defendant C, and Defendant C, respectively, owned from December 27, 2016. Of the instant land, the part occupied by the instant building is also 21 square meters inside a ship (hereinafter “the part occupied”) which connects each point of the 18,19,4,20,000 square meters in sequence with each point of the 18,19,4,20,18.

C. Meanwhile, from November 16, 2015 to November 15, 2016, the rent of KRW 1,514,205, and the rent from November 16, 2016 to November 15, 2017 is KRW 1,630,860, and the rent from November 16, 2017 to July 15, 2018 is KRW 1,161,689.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, result of a request for appraisal of rent for expert G by this court, purport of the whole pleadings

2. Determination as to the cause of action

A. The plaintiff's assertion (1) The building of this case, part of which the defendants divided ownership, occupies part of the land of this case without permission. The defendants shall jointly return unjust enrichment equivalent to rent to the plaintiff.

(2) In relation to the period of unauthorized Possession, the Defendants, on or before December 27, 2016, filed for the registration of ownership transfer on or around December 27, 2016. However, prior to November 16, 2015, the Plaintiff had owned de facto ownership on the part corresponding to each of the Defendants’ respective sections of exclusive ownership among the instant buildings, and should be deemed to have occupied without permission from December 27, 2016, not from December 27, 2016, rather than from November 16, 2015.

(3) In relation to the area occupied without permission, considering the area occupied in this case is 21 square meters or more, and the distance on the building under the relevant Building Act, the area occupied by the Defendants without permission shall be 80.08 square meters.