1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the separate sheet;

B. From November 18, 2014, the Plaintiff was above.

1. Facts of recognition;

A. As to the real estate listed in the separate sheet (hereinafter “instant apartment”), C and the Defendant completed the registration of ownership transfer as co-owners, 1/2 shares, respectively. However, on November 18, 2014, the registration of total share transfer was completed on November 20, 2014 with respect to the share C due to a compulsory sale by official auction.

B. Since then, the process of voluntary auction was in progress with respect to the shares of the Defendant in the instant apartment, and on June 26, 2015, the registration of the transfer of the entire Defendant shares was completed on July 3, 2015 to the Korea Saemaul Depository that returned Saemaul on the ground of sale by voluntary auction.

C. The Defendant, from January 27, 2012 to the closing date of the instant pleading, occupied and used the said apartment while living in the instant apartment from January 27, 2012.

[Ground for Recognition: Facts without dispute, entry of Gap evidence 4, purport of whole pleadings]

2. The allegations by the parties and the determination thereof

A. According to the above facts, the defendant who occupies the apartment of this case has a duty to deliver the above apartment to the plaintiff and to return as unjust enrichment the amount equivalent to the share of the plaintiff out of the rent for the period of possession and use of the above apartment as one of the co-owners of the above apartment.

B. Regarding the scope of return of unjust enrichment, there is no dispute between the parties as to the fact that an amount equivalent to 1/2 of the Plaintiff’s share ratio out of the rent for the apartment of this case is equivalent to KRW 350,000 per month.

Therefore, the defendant is obligated to pay to the plaintiff the money calculated by the ratio of KRW 350,00 per month from November 18, 2014 to the day when the plaintiff lost ownership of the above apartment or the defendant completed possession of the above apartment from November 18, 2014.

3. The plaintiff's claim of this case is accepted on the grounds of all reasons.