1.The judgment of the first instance, including the principal lawsuit and counterclaim claim altered at the trial of the party, shall be modified as follows:

1. The scope of this Court’s trial against the Defendant as the principal lawsuit: (i) the Defendant asserted that the land specified and occupied by the Plaintiffs according to the sectionally owned co-ownership agreement that was concluded around February 2002 is used as the site of the building owned by the Defendant without title; and (ii) the Defendant, as a preliminary one, claimed a return of unjust enrichment for the amount corresponding to the Plaintiffs’ respective shares out of the rent amount paid by the Defendant to the lessee, if the Plaintiffs and the Defendant share each of the instant land in proportion to their respective shares.

In response, the defendant asserted that the plaintiffs paid the property tax to be borne by the plaintiffs on behalf of the plaintiff, and filed a claim for return of unjust enrichment on the amount according to each share of the amount equivalent to the property tax.

As to this, the first instance court accepted part of the plaintiffs' primary main claim, on the ground that there is unjust enrichment if the defendant occupies or uses a specific part of the land owned by the plaintiffs without the title. (2) The plaintiffs and the defendant dismissed this part of the plaintiffs' primary main claim based on the premise that they are co-ownership owners of each land of this case, and (3) partly accepted the defendant's counterclaim.

With regard to this, the plaintiffs and the defendant appealed each part of the judgment of the court of first instance against each of the main claims and counterclaims.

Therefore, the scope of this Court's adjudication is limited to (1) the primary principal lawsuit and (3) the counterclaim.

2. The court's explanation of this part of the basic facts is based on the 5th judgment of the court of first instance.