Among the judgment of the first instance, the defendant (appointed party) and the appointed party who exceed the amount ordered to be paid under the judgment shall be lost.

1. Basic facts

A. On January 11, 2003, H Co., Ltd. and 183.8 square meters (hereinafter “instant land”) owned by H are entitled to 3/22 shares, and I, J, K, and Selection E, respectively, share of 22/2 shares.

B. On the ground of the instant land, three-storys of cement brick structure slive slive roof and neighborhood living facilities (hereinafter “instant building”). On January 11, 203, the Appointor D, in relation to the instant building owned by H, shall have 3/11 shares, I, J, K, and Appointor E, respectively, inherited 2/11 shares.

C. On February 8, 1939, L, due to inheritance, acquired 2/10 shares of the instant land, and M, respectively, 3/10 shares of the instant land. M transferred L, on March 19, 199, to N, and on December 1, 201, to the Plaintiff on December 1, 2016.

On September 6, 2013, the Plaintiff acquired 2/22 shares of the instant land due to a compulsory auction, and 2/11 shares of the instant building, respectively.

E. Meanwhile, 2/22 of the instant land, and 2/11 of the instant building, the J died on June 28, 2013, and accordingly, the Defendant, son, and G, who was the spouse at the time of death, was inherited each of the instant land shares and building shares in accordance with the inheritance ratio.

F. On February 8, 2019, the Plaintiff purchased 3/10 of the instant land from N, and acquired the claim for return of unjust enrichment equivalent to the land rent from January 1, 2014 to February 7, 2019 with respect to the said portion of land, and N sent the notice of assignment of the said assignment to the Defendant and the designated parties by content certification, and then served the said notice to the Defendant and the designated parties around that time.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. Summary of the plaintiff's assertion

A. As to the instant land, the Plaintiff.