1. The remaining amount after deducting the expenses for the auction from the proceeds of the sale by selling the real estate listed in the separate sheet;

1. Facts of recognition;

A. The Plaintiff is a 2/5 share holder, and the Defendant is a share holder, and 3/5 share holder, of the real estate listed in the separate sheet (hereinafter “instant real estate”).

B. From January 21, 2016, the Defendant acquired the instant real estate from the former owner to exclusively use and benefit therefrom.

C. The Plaintiff and the Defendant did not reach an agreement on the division of co-owned property.

[Ground of recognition] A without dispute, entry of Gap evidence 1, purport of whole pleading

2. The real estate in this case is jointly owned by the plaintiff and the defendant, and it is clear that the agreement on the partition method of co-owned property is not constituted, and the real estate in this case cannot be divided in kind as one sectional ownership. Thus, upon the plaintiff's claim for partition of co-owned property, the real estate in this case should be divided in the proportion of 2/5 to the plaintiff and 3/5 to the defendant, after deducting auction expenses from the proceeds from the sale price.

3. As seen earlier, the Defendant’s judgment on the claim for return of unjust enrichment is the same as that of the instant real estate from January 21, 2016, and thus, the Defendant, without any legal ground, gains profit equivalent to rent by using and making profits from the Plaintiff’s co-ownership of the instant real estate, and thereby incurred damages equivalent to the amount of rent to the Plaintiff. Accordingly, the Defendant is obligated to return the said rent to the Plaintiff.

Furthermore, according to the result of appraiser B's appraisal of rent, it is recognized that rent was 2,378,00 per month in the absence of a deposit for lease of the real estate in this case, and it is confirmed that rent will be the same as the monthly rent thereafter.

Therefore, the Defendant, from January 21, 2016 to the completion date of delivery of real estate of this case, shall apply to the Plaintiff at the rate of 951,200 won (2,378,000 won x 2/5) each month, which is equivalent to the Plaintiff’s share.