1. The defendant shall be the plaintiff.

(a) KRW 34,948,078 and for this, KRW 5% per annum from July 24, 2018 to February 19, 2020.

1. Facts of recognition;

A. C and D are legally married couple, and there is the plaintiff, defendant, and E as their children.

B. The housing and neighborhood living facilities (hereinafter collectively referred to as “instant real estate”) of the 219.6 square meters of the Seoul Southern-gu FF, Incheon and the 3rd anniversary of the above ground brick sloping roof were owned by C. As C died on July 14, 201, D succeeded to 3/9 shares, the Plaintiff, Defendant, and E, respectively.

C. D As of December 3, 2014, the Plaintiff, Defendant, and E inherited 1/3 of their respective shares (3/9) upon the death of December 3, 2014.

Accordingly, the shares of the plaintiff, the defendant, and E in the instant real estate were 1/3 each.

The defendant uses and benefits from July 14, 201 to the closing date of the pleadings of this case. The monthly rent of the real estate of this case for the above period is KRW 1.5 million.

[Ground of recognition] Facts without dispute, Gap evidence 1 and 2, Gap evidence 3-1 and 2, the purport of the whole pleadings

2. Assertion and determination

A. 1) A co-owner of land may use and make profits from the entire land according to the share ratio of each co-owner. However, inasmuch as a majority of co-owners have not agreed on the specific method of use and profit-making, one can not exclusively occupy and use the entire land. Thus, if a part of co-owner exclusively occupies and uses the entire land, then a person who has a share of other co-owners but has no use or profit-making, gains unjust enrichment corresponding to his/her share (see, e.g., Supreme Court Decision 2000Da17803, Oct. 11, 2002). 2) In light of the aforementioned legal principles, in light of the aforementioned facts, the Defendant, who uses and takes profits from the entire real estate of this case, is obligated to return unjust enrichment corresponding to the Plaintiff’s share, and the amount calculated as follows, as the Plaintiff seeks, is calculated as follows.

(1) From July 14, 2011 to December 2, 2014: 1.