1. The Defendant’s KRW 92,770,780 and KRW 27,44,106 among the Plaintiff and KRW 65,326,674 from May 11, 2010.

1. The parties' assertion that the plaintiff is the co-ownership of 174 square meters in Gangnam-si C Miscellaneous land (hereinafter "the land in this case") and 53.55 square meters in a single-story house on its ground (hereinafter "the building in this case"). The plaintiff is the co-ownership right holder of the land in this case, together with the land in this case, the defendant is running the restaurant with the trade name "D" while residing in the building in this case. The plaintiff asserts that he is obligated to return 92,770,780 won equivalent to the plaintiff's co-ownership as unjust enrichment among the profits from the use and profit.

As to this, the defendant did not have an obligation to return it to the plaintiff, since the plaintiff renounced the right to claim the return of unjust enrichment.

Even if the plaintiff's right to claim restitution of unjust enrichment is abuse of right or contrary to the good faith principle.

2. Determination

A. A co-owner of the right to claim restitution of unjust enrichment may use and benefit from all the co-owners 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. If one of the co-owners exclusively occupies and uses the jointly-owned property without the consent of a majority of shares among the co-owners as to the specific method of use and profit-making, then the other co-owners shall make unjust enrichment corresponding to their shares (see Supreme Court Decision 2006Da49307, Nov. 24, 2006). According to the statements and images of evidence Nos. 1 through 4, the Plaintiff made a registration of ownership transfer on December 12, 206; on May 11, 2010, on June 30, 2015, the Plaintiff completed the registration of ownership transfer to the Defendant on June 30, 2015; and on June 30, 2015, the Plaintiff sold his share to the Defendant on the same date.