1. Revocation of a judgment of the first instance;

2. The Defendant is on the Plaintiff’s 107,968 won and on the 440 square meters worth maintaining B from Busan-si from November 17, 2015.

1. Basic facts

A. On November 14, 2007, C completed the registration of ownership preservation on the land of 440 square meters in Gyeongsan-si, B (hereinafter “instant land”), and upon the death of June 6, 2008, C completed the registration of ownership transfer on each inheritance share among the instant land on July 28, 2010 by inheritance of D, children, E, F, G, H, and I.

B. On June 16, 2014, the Plaintiff purchased the said shares in the public sale procedure for D’s shares (3/13) out of the instant land conducted by the Korea Asset Management Corporation, and paid the purchase price on June 16, 2014, and completed the registration of ownership transfer under the Plaintiff’s name on the said shares on the ground of such purchase price.

C. The J reservoir in Gyeongsan-si (hereinafter “J”) is a farmland improvement facility that maintains the instant land within the said J.

The defendant maintains and manages JJ from before the plaintiff acquired ownership of 3/13 of the land in this case until now.

Of the instant land, the rent from June 17, 2014 to November 16, 2015 for the portion of 3/13 shares acquired by the Plaintiff among the instant land is KRW 107,968, and the rent thereafter is KRW 6,936 per month.

【Ground for recognition” without a dispute, Gap evidence 1, Eul evidence 3, Eul evidence 4-4, Eul evidence 6-7, each of Eul evidence 1 and 2, Eul evidence 1 and 2, the result of the appraisal by the court appraiser K, the purport of the whole pleadings

2. According to the above facts as to the cause of the claim, the Defendant occupied and used the instant land by maintaining and managing the J during that period, and obtained the benefits of the clinical parties, and thereby, caused damage to the Plaintiff equivalent to the amount of 3/13 out of the above rent.

Therefore, barring any special circumstance, the Defendant is the unjust enrichment from the occupation and use of the instant land, and the following day after the Plaintiff acquired the ownership of 3/13 shares of the instant land from June 17, 2014 to November 16, 2015, which is the amount equivalent to the rent, 107,968 won, and the following day.