The Plaintiff

A. As to the 1/6 portion of Defendant F, Defendant F shall be the 1/6 share of the year and 119 square meters of land in Dobong-gu Seoul Metropolitan Government L, and the gumen and ap 2.

1. Basic facts

A. The building site in Dobong-gu Seoul Metropolitan Government is 119 square meters (hereinafter “instant building site”) and the building, which is a mentor and sap, and 2-story housing and 69.39 square meters, respectively, and 12.96 square meters in the underground room (the details of the building in the public record: 69.39 square meters in the brick cement tank and roof 1st floor, 12.96 square meters in the underground room, and 12.96 square meters in the underground room; hereinafter “the building in this case”). The building in this case was owned by M. In a voluntary auction procedure applied by N as a person who is the lower party to the instant building site and building, on January 26, 1996 only for the instant building site.

B. M died on August 20, 1998, and Defendant B, C, D, E, F, and G jointly succeeded M.

(c)

On August 13, 2014, the Plaintiff purchased and acquired shares of 1/4 of the instant site and 3/4 shares of P in the discretionary auction procedure for the instant site.

(d)

After that, the Plaintiff and P brought an action against only Defendant B and F seeking unfair benefit equivalent to the rent (Seoul Northern District Court 2014Gadan 124446) on the ground that the said Defendants owned the instant building without any legal cause. The said court rendered a judgment on January 17, 2017, stating that “Defendant B and F jointly paid KRW 3,807,175 to the Plaintiff, and that Defendant B paid the amount from May 25, 2016 to May 13, 2016; Defendant F paid the amount calculated at the rate of 15% per annum from May 13, 2016 to the date of full payment; from April 21, 2016 to the date of loss of ownership of KRW 189,650 per annum 1,650 per annum from the date of loss of ownership of the Plaintiff’s portion of the instant building; from May 13, 2016 to the date of loss of ownership of KRW 15,215.25.21 and KRW 165.25.

E. Only Defendant F appealed against the above judgment, and the Plaintiff and P were at the appellate court (Seoul Northern District Court 2017Na 32143).