1. The Defendant (Counterclaim Plaintiff) paid KRW 46,665,955 to the Plaintiff (Counterclaim Defendant) and its amount from December 10, 2014 to June 14, 2016.

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. The Plaintiff and the Defendant are co-owners (Plaintiff’s share: 992/3,021; Defendant’s share 1,322/3,021) of 3,021 square meters (hereinafter “instant land”) prior to Sinsi-si, Sinsi-si (hereinafter “instant land”).

B. On April 30, 2010, the Defendant concluded a contract to lease the instant land to D with a deposit of KRW 25 million, monthly rent of KRW 2.5 million (excluding value-added tax) (hereinafter “instant lease contract”).

(4) On April 30, 2010, the lease contract in which the tenant's name was entered in E, but on October 21, 2010, the lease contract in which the tenant's name was entered in D was re-established.

From January 7, 2008 to February 13, 2015, the Defendant received a total of KRW 164,589,548 from F, a lessee before D or D, as shown in the attached list, for the rent of the instant land.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 8, purport of the whole pleadings

2. Determination on the main claim

A. The determination of the cause of the claim may use and make profits from the entire jointly owned at the ratio of shares of the co-owners, and the matters concerning the management of the jointly owned property shall be determined by a majority of shares of the co-owners. Thus, if one of the co-owners exclusively occupies and uses the jointly owned property without the consent of a majority of shares among the co-owners as to the method of use and profit-making, then the other co-owners shall make unjust enrichment corresponding to their shares (see, e.g., Supreme Court Decision 2000Da13948, Dec. 11, 2001). In light of the above legal principles, the above facts were examined as to the instant case. According to the above facts, the Defendant leased the entire land of the instant case, which is the jointly owned property, and received a rent from the lessee, the rent amount corresponding to the share of the Plaintiff, which

B. On July 12, 2013, the Plaintiff and the Defendant determined the Defendant’s defense.