1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1..

1. In the first instance court, the Plaintiff filed a claim for unjust enrichment equivalent to the property tax against the Defendant, and the first instance court rejected the claim for unjust enrichment equivalent to the property tax and the claim for rent.

In this regard, the plaintiff only appealed against the part of the claim for the land rent among the judgment of the court of first instance, and thus, the subject of the judgment of this court is limited to the claim for the land rent.

2. Basic facts

A. C completes the registration of ownership transfer on the same day as the sale on April 26, 2005, with respect to the land of Eunpyeong-gu Seoul Metropolitan Government 112 square meters (hereinafter “instant land”) and the detached houses and three-story residential buildings for multi-households (hereinafter “instant building”).

B. On May 13, 2005, the instant building is divided into multi-household houses (households), multi-household houses (one household), first floor multi-household houses (one household), second floor multi-household houses (E units, F units), and third floor multi-household houses (one household) on May 23, 2005 due to changes in the classification and use of multi-household houses (unit buildings) from multi-household houses and neighborhood living facilities (general buildings). The instant building was registered as a multi-household house on May 13, 2005. The ownership registration was not made on each site’s share, and the share of the building site referred to in F is 9.24/112.

C. C completed the registration of ownership transfer on May 23, 2005 with respect to the instant building F No. 1 (hereinafter “instant section for exclusive use”) on May 20, 2005, on the ground of sale on May 20, 2005, and thereafter, a decision to commence compulsory sale on June 21, 2012 with respect to the instant section for exclusive use was rendered by Seoul Western District Court H. In the said auction procedure, the Defendant completed the registration of ownership transfer on June 13, 2013 due to the sale by compulsory auction on April 9, 2013.

Meanwhile, as to the instant land at the request of the mortgagee I, the decision to voluntarily commence the auction was rendered to the Seoul Western District Court on March 13, 2009, and the Plaintiff, K, and L (hereinafter “Plaintiff, etc.”) at the above auction procedure, sold by voluntary auction on September 23, 2009 as to 1/3 of each share of the instant land.