1.(a)

The defendant is about the plaintiffs' shares (each 1/3) in the real estate stated in the separate sheet from the plaintiffs.

1. Basic facts

A. The plaintiffs and the defendant are married couple's children D and E (hereinafter "the deceased").

B. The real estate listed in the separate sheet (hereinafter “instant apartment”) was originally owned by the network D. As the network D died on July 30, 2014, the Deceased inherited 3/9 shares, and the Plaintiffs and the Defendant jointly inherited 2/9 shares, respectively.

C. As the Deceased died on February 21, 2016, the Plaintiffs and the Defendant jointly inherited the above apartment shares of the Deceased, and the Plaintiffs and the Defendant currently hold 1/3 shares of the deceased.

After the deceased D's death as above, the defendant moved-in report to the above apartment on October 10, 2014 and moved-in with his family members and has been living until now.

[Reasons for Recognition] Facts without dispute, Gap 1, 2 evidence, Eul 1 to 3, and 13 evidence (including branch numbers), the purport of the whole pleadings

2. The parties' assertion

A. (1) The plaintiffs' assertion that the apartment of this case is jointly owned by the plaintiffs and the defendant. The defendant independently occupies and uses the apartment of this case against the plaintiffs' will. In order to resolve this situation, the plaintiff sought a partition of co-owned property, and auction the above apartment, and want to divide the price by shares.

(2) Since the Defendant independently occupies and uses it, it makes unjust enrichment as much as the shares of the Plaintiffs, and it must be returned to the Plaintiffs.

Therefore, the defendant shall pay to the plaintiffs the amount calculated by the result of the appraisal of rent of this court from October 10 (the date of transfer report) to July 31, 2016, respectively, and from August 1, 2016 to the first day of the date when the plaintiffs lose their ownership or the defendant's possession of the above apartment from August 1, 2016 to the date when the first day arrives.

B. The defendant's assertion (1) The defendant moved into the apartment of this case in order to gather and kill the deceased who did not have good health due to the death of the deceased D.