1. The Plaintiff:

A. The Defendants are the 2nd floor of cement brick structure 103 square meters above the Yancheon-gun D, Gangwon-do, and the 2nd slive roof shop.

1. Determination as to the cause of claim

A. In fact, E completed the registration of initial ownership on December 30, 1978 with respect to cement brick, brick, 2nd floor, and housing 42.09 square meters and 2nd floor 42.09 square meters (hereinafter “instant building”) on the ground of 103 square meters (hereinafter “instant land”).

The Defendants completed the registration of ownership transfer on February 21, 2017 with respect to each of 1/2 shares of the instant building.

On April 20, 2017, the Plaintiff completed the registration of ownership transfer with respect to 3/4 shares out of the instant land.

The assessed amount of rent on or around December 2017 for the area corresponding to 3/4 of the land in this case shall be KRW 127,000 per month.

[Reasons for Recognition] Unsatisfy, Gap 1 and 2 evidence, the result of a request for appraisal by this court, the purport of the whole pleadings

B. 1) As to the removal of the instant building and the claim for delivery of land, the Defendants, as equity right holders of the instant land, have the duty to remove the instant building and deliver the instant land to the Plaintiff seeking the exclusion of interference with the act of preserving the jointly-owned property. 2) In a case where multiple persons jointly use another’s property without any legal cause with respect to the claim for unjust enrichment equivalent to rent, the obligation to return unjust enrichment is indivisible as a return of indivisible profits, barring any special circumstance, and each of the obligors has the duty to perform the entire obligation.

(2) The Defendants, who acquired ownership of 3/4 shares of the instant land from April 20, 201 to the completion date of delivery of the instant land, have a duty to jointly return to the Plaintiff unjust enrichment equivalent to the rent due to the possession and use of the instant land from April 20, 2017 to the date of delivery.

According to the facts as seen earlier, the amount of unjust enrichment to be returned by the Defendants is determined on April 20, 2017 as to the area of the Plaintiff’s share among the instant land.