1. The appeal by the Defendants and the Defendant (Appointed Party) is dismissed.

2. The costs of appeal are the defendants.

1. The reasoning of the court’s explanation of this case is as stated in the judgment of the court of first instance, except for the following determination as to this case, and therefore, it shall be cited by the main sentence of Article 420 of the Civil Procedure Act.

2. Parts to be determined additionally

A. 1) As to the Defendants’ assertion of succession to the special agreement on the right to use site: (a) 22 existing co-owners of five parcels, other than the instant land, on the ground of the Defendants’ assertion, constitute a regional housing association for reconstruction of the instant land-based houses; and (b) agreed to provide five parcels, other than the instant land, as the right to use site of the instant apartment that newly constructs five parcels (hereinafter “instant special agreement”).

(2) As to the co-ownership of the land in this case, the co-ownership of the land in this case was known or could have known the existence of the special agreement in this case, and thus, the obligation under the special agreement in this case is succeeded to, and the Defendants cannot claim for restitution of unjust enrichment on the co-ownership of the land in this case offered as the right to use the land. (2) Specific co-owners of the judgment can use and make profits from all the co-ownership at the ratio of shares (Article 263 of the Civil Act), and matters concerning the management of the co-ownership are determined by a majority of co-owners' shares (Article 265 of the Civil Act). In addition, the special agreement between co-owners of the co-ownership in relation to the use and profit management of the co-ownership is valid and succeeded to the specific successor. However, if the special agreement practically infringes on the essential part of co-ownership right by waiver of the right to use and profit as the right of share holder

(see, e.g., Supreme Court Decisions 2005Da1827, May 12, 2005; 2009Da54294, Dec. 10, 2009). In addition, special circumstances, such as the existence of the above special agreement and the acquisition of co-ownership shares with the knowledge of such special agreement.