1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. In the real estate register with respect to Suwon-si, Suwon-si B B, 155 square meters (hereinafter “instant land”), the instant land is owned by C, the father of the Republic of Korea and the Defendant, and C’s share was 84/118, and C’s share was 34/118. On March 21, 2012, the ownership transfer registration was made in the Defendant’s name on April 3, 2012 with respect to C’s share due to legacy on March 21, 2012.

B. On April 14, 1982, the registration of ownership transfer was completed in the name of C on April 21, 2012 on the ground of testamentary gift on March 21, 2012, on which the registration of ownership transfer was made in the name of the Defendant on April 3, 2012.

C. The Republic of Korea’s 84/118 shares in the instant land are general property among state property, and the Plaintiff is entrusted by the competent authority with the administration and disposal of the pertinent land pursuant to the State Property Act and subordinate statutes.

[Ground of recognition] Evidence No. 1-1 and No. 2-1, and the fact-finding results of this court's inquire about the original market, the purport of the whole pleadings

2. The plaintiff's assertion and judgment as to the plaintiff

A. The Plaintiff’s assertion that one of the co-owners of the instant land, owned the above building on the instant land, and occupied and used the entire land in excess of his/her share, thereby gaining unjust enrichment equivalent to the rent corresponding to the above share in the Republic of Korea out of the instant land. After the death of C, the Defendant obtained unjust enrichment equivalent to the rent corresponding to the share in the Republic of Korea out of the instant land from December 11, 2007 to December 31, 2012, since he/she occupied and used the instant land in excess of the Defendant’s share by acquiring the above share in the instant land among the instant land and the ownership of the said building due to testamentary gift, and thus, the Defendant, who received the legacy, is obligated to return to the Plaintiff the amount stated in the purport of the claim equivalent to the above rent as unjust enrichment.

B. The Plaintiff.