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

1. Basic facts

A. The Plaintiff and the Defendant are co-owners of each 1/2 equity interest in Btel 510 in Gwangjin-gu in Seoul Special Metropolitan City (the current status is 610; hereinafter “510”) and 809 (the current status is 909; hereinafter “809”).

Although 510 and 809 were co-owned properties of the Plaintiff and other co-owners, the Defendant acquired the co-ownership shares of 510 September 10, 2008 and the co-ownership shares of 809 on April 22, 2010 and became co-owned properties of the Plaintiff and the Defendant.

B. The Defendant, without the consent of the Plaintiff, leased 510 and 809 to others as co-owners, received deposits and rents from lessees.

[Reasons for Recognition] Facts without dispute, Gap evidence 1-1, 2, Eul evidence 1-1, 2-2, Eul evidence 3, 10, 12, the purport of the whole pleadings

2. The plaintiff's assertion that 5.10 and 809, a co-owned property, are leased to others without the plaintiff's consent and 5.50 million won per month, and the defendant should pay to the plaintiff as unjust enrichment or damages the following amount equivalent to 1/2 of the plaintiff's interest among the profits.

(1) From October 15, 201 to June 15, 2012 with regard to subparagraph 510, 1/2, 5,775,000 ( won x 550,000 won per month x 21 month x 1/2) (2) from among profits from subparagraph 809 to June 16, 2012, 1/2, 4,125,000 ( won 50,000 won per month x 15 months x 1/2) from March 16, 2011 to June 16, 2012

3. Determination

A. If one of the co-owners of the real estate leases the real estate to another person without the consent of the other co-owners, the portion exceeding his/her share out of profits therefrom shall be the unjust enrichment acquired without any legal ground and shall be returned. In such cases, the scope of return is the amount equivalent to the rent for the lease of the real estate.

(See Supreme Court Decision 94Da15318 delivered on July 14, 1995). B.

(1) The defendant on September 14, 2010 leased 5.10 million won to Pakistan Co., Ltd. and KRW 550,000 won per rent, and the defendant on September 14, 2010.