1. Of the judgment of the court of first instance, Defendant (Appointed Party) B, Appointed D, E, and F. in excess of the following amount ordered to be paid:

Facts of recognition

Attached Form

The real estate recorded in the list (hereinafter “instant real estate”) was jointly owned by Defendant B, Appointed D, E, and F (hereinafter “Appointed”) and H, who are the heir of the network G, by inheritance of each of 1/5 shares.

The Plaintiff purchased 1/5 shares of the instant real estate owned H in the compulsory auction procedure, and paid the price on August 28, 2017 and acquired ownership, thereby jointly owning the instant real estate with Defendant B and the designated parties, together with 1/5 shares.

On the other hand, Defendant C completed the registration of ownership transfer on May 8, 2018 by reason of donation from Selection F with respect to the one-fifth share of the instant real estate.

[Reasons for Recognition] Fact that there is no dispute, Gap's evidence Nos. 1 through 3, Eul's assertion and the designated parties stated in Eul's evidence No. 1 are occupying the plaintiff's share of the real estate of this case independently without any title and using it and making profits therefrom.

The Defendants and the designated parties have a duty to jointly return the amount claimed to the Plaintiff, since they made unjust enrichment equivalent to the fees corresponding to the Plaintiff’s share in the instant real estate.

(4) As to the Plaintiff’s claim for return of unjust enrichment from August 28, 2017 to February 2018, the Plaintiff, who received his/her share on May 18, 2018, filed a claim for return of unjust enrichment with the Selection F and the Defendant C, who received his/her share of the Plaintiff. According to the fact of recognition that the Plaintiff’s claim for return of unjust enrichment during the six-month period from August 28, 2017 to February 2, 2018, it is reasonable to view that the Defendant B and the Selection, a co-owner of the 4/5 share of the instant real estate, acquired the Plaintiff’s share of 1/5 share of the instant real estate from August 28, 2017 to the end of February 2018, the Plaintiff exclusively used and profit

As a result, Defendant B and the Plaintiff suffered damages that the Plaintiff could not use or gain profit from all the shares in the instant real estate owned by it.