1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant), 21,237,000 won, and the amount from January 3, 2014 to the date of full payment.

1. Facts of recognition;

A. As to each one-half share of the respective real estate listed in the separate sheet (hereinafter “each of the instant real estate”), the Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”) on July 5, 2010, and the Defendant (Counterclaim Plaintiff; hereinafter “Defendant”) on August 9, 2005, respectively completed each registration of ownership transfer on August 9, 2005, respectively. The Plaintiff and the Defendant did not reach an agreement on the division by the closing date of the pleadings of the instant case.

B. The Defendant occupied and used all of the instant real estate from July 5, 2010 to the date of the closing of argument.

C. The amount equivalent to the rent for 1/2 of the instant real estate is 6,061,00 won from July 5, 201 to July 4, 201, and 6,242,500 won from July 5, 2011 to July 4, 2012, and 6,329,000 won from July 5, 201 to July 4, 2013, and 6,329,00 won from July 5, 2012; and 2,604,50 won from July 5, 2013 to November 30, 2013 (total 21,237,00 won); and 5,50 won from November 30, 2013.

[Ground of recognition] Unsatisfy, Gap evidence 1-1, Gap evidence 1-2, Gap evidence 2, the result of appraiser C's appraisal of rent, the purport of the whole pleadings

2. Determination as to the claim on the principal lawsuit

A. The co-owners of land may use and benefit from the entire land according to their respective shares, but unless a majority of shares of the co-owners have agreed on the method of using and benefit from the land, one cannot exclusively own and use the entire land. Thus, if a part of the co-owners exclusively occupy and use the entire land, then the other co-owners shall be deemed to have made unjust enrichment corresponding to their shares with respect to a person who is either the share of the other co-owners but does not use and benefit from

(See Supreme Court Decision 200Da17803, Oct. 11, 2002). With respect to the instant case, the health care unit; and the Defendant is occupying and using the entire instant real estate exclusively after July 5, 2010, the Plaintiff acquired ownership of each of the instant real estate, and the use and profit-making of the instant real estate is entirely limited.