1. The plaintiff's claims against the defendants are all dismissed.

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

In light of the above legal principles, the lower court did not err by misapprehending the legal doctrine.

* Defendant B and D filed a lawsuit claiming partition of co-owned property against the Plaintiff to the effect that they auction the land before the instant partition and distribute the amount calculated by deducting expenses from the auction proceeds to their share ratio (Seoul District Court Decision 2012Kadan24620).

In the above case, the Korea Cadastral Survey Corporation conducted a divisional survey of the land before the said subdivision through the Korea Cadastral Survey Corporation, and on the basis of the degree of appraisal derived from the result of the said appraisal, the voluntary adjustment was established on April 26, 2013.

Conciliation Provisions

1. The plaintiffs (the plaintiff of this case) and the defendant (the plaintiff of this case) agree to divide the land prior to the division into the defendant's sole ownership of the plaintiffs' joint ownership of the part (A) and the part (B) and the part (B) 216.67 square meters (the land of this case No. 2) into the part (A) and the part (B) 108.33 square meters (the land of this case)

2. The plaintiffs waive their respective remaining claims against the defendant.

3. The costs of lawsuit and the costs of mediation shall be borne by each person;

* However, according to the above appraisal drawings (Attached drawings), the adjoining land of this case and the building of this case is indicated as existing on the land of this case 2.

* Prior to the conclusion of the instant sales contract, the Plaintiff filed a lawsuit claiming partition of co-owned property (JJ District Court 2015No25655) against Defendant B, D, and J, for the auction sale of each of the instant land and distribution of the amount after deducting expenses from the auction proceeds, etc.

However, the Plaintiff indicated the instant building by using the above appraisal drawings appraised by the Korea Cadastral Corporation in the cause of the claim, and sought unjust enrichment equivalent to the rent from Defendant B and D on the premise that J is using the said building.

2. Therefore, at the time of the instant sales contract, the Plaintiff and the Defendants determined the sales price and concluded the sales contract on the premise that the instant building violated the neighboring land.

Therefore, the Plaintiff’s above circumstances.