1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The registration of ownership transfer was completed on March 20, 1973 with respect to the land of 19,636 square meters (hereinafter “land before the division”) of the Jin Chang-gun, Gosi-gun, North Korea where the registration of ownership transfer was completed in the name of the father C of the Defendant (hereinafter “the land before the division”) on the grounds of sale on May 6, 1981.

After that, as a result of the division of a G forest 54 square meters and a H forest 633 square meters on February 2, 1999 after the division of 662 square meters on the land before the division, the land before the division was made into the said D forest 18,287 square meters (hereinafter “instant land”).

B. On December 24, 1990, E deceased on December 24, 199 (hereinafter “E”), and thereafter, the Plaintiff completed the registration of transfer of ownership on October 11, 201 as to the shares of the deceased among the instant land due to a consultation and division on December 24, 1990.

C. The conciliation was concluded on December 6, 2012 in the litigation for partition of co-owned property in Jeonju District Court 2012Kadan622, between the Plaintiff, Defendant, and F. The instant land was divided into D forest land 12,192 square meters (the Defendant’s ownership), J forest land 5,487 square meters, and K forest land 608 square meters (the Plaintiff’s ownership).

[Ground of recognition] Facts without dispute, entry of Gap 1 to 5 evidence, purport of the whole pleadings

2. Judgment on the parties' arguments

A. (1) The Plaintiff’s assertion (1) is the real estate jointly owned by the Plaintiff, the Defendant, and F, respectively, at the ratio of one-third shares. The Defendant, from around 200 to January 23, 2013, acquired unjust enrichment corresponding to the Plaintiff’s share in relation to the relation with the Plaintiff, who is another co-owned right holder, by exclusively occupying and using the entire land of this case.

Therefore, from June 10, 2003 to January 10, 2013, the Defendant is obligated to refund to the Plaintiff the amount equivalent to the above share of unjust enrichment of KRW 1,115,446 as well as damages for delay.

(2) The Defendant’s assertion is the land owned by the species L, and thus, is the land owned by the Defendant, the Deceased, and the F, and thus, the Plaintiff, the Defendant, and the Defendant.