1. The plaintiff (appointed)'s claim is dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

1. Progress of this case

A. The Plaintiff, the Appointor, the Defendant, G, and H that died on May 6, 2015 are all children of the I and J that died on January 5, 1979. The instant land is the land inherited by the heir while I died.

The shares owned by the plaintiff, the designated person, and the defendant are 2/14 each, and the J has succeeded to 3/14 of H's shares and thereafter owns 6/14 of H's shares.

B. On November 23, 2015, the Gangseo-gu Seoul Metropolitan Government K and L, etc. adjacent to the instant land were constructed with the neighborhood living facilities and housing buildings of the third and second floor (hereinafter referred to as “related land and buildings”) and owned by J and H. The J completed the registration of ownership transfer on the ground of donation to the Defendant, his/her spouse, G and their spouse.

On November 23, 2015, when seeking a transfer of share on the ground of the original acquisition of the relevant building against J and the Defendant, the Plaintiff and the appointed party filed a claim for unjust enrichment from the possession of the relevant land, and the Defendant et al. dismissed the remainder of the claim other than the part ordering the payment of unjust enrichment from the possession of the Defendant et al. after November 23, 2015.

C. The J is living together with the Defendant.

2. On January 2, 2011, the Plaintiff and the appointed parties asserted that the instant vinyl and stable are set up on the instant land, and that they are using and earning profit from the said land as part of the fish restaurant, etc., and filed a claim for unjust enrichment equivalent to the gains from the occupation and use of the said land at the same time, and sought removal of the instant vinyl and removal of the said gravel on the said land.

For this reason, the Defendant created a vinyl house on the land of the instant vinyl, which only takes custody of the goods of the people including the Plaintiff, etc., when J takes place the farm house on the land of the instant vinyl house, and only took advantage of the Defendant’s personal possession and use.