1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.

1. The reasoning for the court’s explanation concerning the basic facts and the list 1 and 2 is the same as the corresponding part of the judgment of the court of first instance, and thus, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Whether obligation to return unjust enrichment exists;

A. A co-owner who established the obligation to return unjust enrichment may use and benefit from all the co-owned property at the ratio of shares, and the matters concerning the management of the co-owned property shall be determined by a majority of shares of co-owners. As such, if one of the co-owners occupies and uses it exclusively without a majority of shares among the co-owners with respect to the method of specific use and profit-making of the jointly-owned property, then the other co-owners shall make unjust enrichment corresponding to their shares (see, e.g., Supreme Court Decision 2006Da49307, 49314, Nov. 24, 2006). According to the above facts, the Defendant, a co-owner of each of the instant real property, gains profit from the lease while exclusively using and earning profit from each of the instant real property, and thus, the Defendant is obligated to return the amount equivalent to the share of the Plaintiff

B. The defendant's assertion 1) The defendant asserts that the plaintiff renounced the right to use the real estate of this case or the right to claim the return of unjust enrichment against the defendant by allowing the plaintiff to use the real estate of this case exclusively or use the real estate of this case. 2) The fact of recognition (A) that the plaintiff renounced the right to claim the return of unjust enrichment against the defendant, such as the ownership of the real estate of this case other than the real estate of this case.

② Of the real estate listed in attached Table 2(3) (hereinafter “instant Tangible Property”), 1/2 shares were registered as owned by the network C, but the ownership was inherited on December 2, 2005.