The judgment of the court below is reversed, and the case is remanded to Chuncheon District Court.

The grounds of appeal are examined.

1. A land purchaser who has not yet received the registration of ownership transfer;

If the land is delivered due to the performance of a sales contract, it shall be deemed that the owner has the right to possess and use the land as the validity of the sales contract.

(1) The co-owners have the right to exclusively occupy and use the partition of co-owned property in the process of implementing the procedure for the transfer of co-owned shares as a result of the co-ownership agreement, unless otherwise agreed by the co-owners, even though a part of co-owners exclusively possess and use a specific part of co-owned property, if the co-owners agreed to be the sole ownership of co-owners possessing such part among co-owned property, the co-owners have the right to exclusively occupy and use it in the process of performing the procedure for the transfer of co-owned property share

2. According to the reasoning of the lower judgment and the reasoning of the first instance judgment partially accepted by the lower court, the lower court: (a) purchased the said share from C, which was owned from around 1973, on May 19, 2013, 725/1,367 shares in B maintained B on May 19, 2013 (hereinafter “instant real estate”); and completed the registration of transfer of the said share; and (b) notified the Defendant of the assignment of the instant claim by delivery of a duplicate of the complaint after receiving the claim for restitution of unjust enrichment against the Defendant who incurred the said share from C at the time of the said purchase; and (b) included the portion (i) 1,248 square meters in the attached drawings attached to the lower judgment among the instant real estate (hereinafter “instant reservoir”) as part of D (hereinafter “instant reservoir”); and (c) recognized the fact that the Defendant maintained and managed the instant reservoir as agricultural infrastructure; and (d) based on the point of time of the instant lawsuit, the Defendant’s unlawful profits from the occupancy or loss of the Plaintiff’s unlawful profits (including unjust enrichment.