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

1. The plaintiff's assertion that the defendant occupies the land of this case in which the plaintiffs possess 200/601 shares, respectively. As a result, the defendant is obligated to pay the plaintiffs the amount of unjust gains, calculated at the rate of 12,234,500 won (the unjust gains from June 1, 2015 to December 31, 2016) and 15% per annum from October 18, 2017 to the date of full payment, and the delay damages calculated at the rate of 15% per annum from October 18, 2017 to the date of full payment, and the amount of money calculated at the rate of 689,000 won per month from January 1, 2017 to the date of expiration of the defendant's possession of the land of this case or the date of

2. Determination

A. In the event of unjust enrichment return: (a) the Plaintiffs are co-owned share holders of 200/601 of each land of this case; (b) the fact that the Defendant occupied the land of this case that was used in the asphalt package prior to around 1990, is either indicated in the evidence Nos. 1, 2, 4, and 5 (including the serial number; hereinafter the same shall apply) or there is no dispute between the parties.

According to the above facts, the defendant is obligated to pay to the plaintiffs the amount equivalent to the share ratio of the plaintiffs out of the rent of the land in this case by occupying the land in this case for which the plaintiffs' co-ownership rights exist, and as a result, the plaintiffs suffered damages equivalent to the share ratio among the rent of the land in this case. Thus, the defendant is obligated to pay to the plaintiffs the amount equivalent to the share ratio of each plaintiffs out of the rent of the land in this case from June 1, 2015 to December 31, 2016, and the amount equivalent to the share ratio of each plaintiffs out of the rent of the land in this case from January 1, 2017 to the date when the defendant occupies the land in this case or from the date when the plaintiffs loses their ownership rights.

B. 1) The scope of return of unjust enrichment 1) The basic price of the land in order to calculate unjust enrichment equivalent to the rent for the land occupied and used by the State or a local government as a road.