1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

3. The text of the judgment of the court of first instance is set forth.

1. Basic facts

A. The registration of ownership transfer in the name C was completed on February 4, 1937 for each real estate listed in the separate sheet (hereinafter “instant real estate”) by the Gwangju District Court Branch No. 1195, the receipt of February 4, 1937.

B. C dead on January 1, 1984, and D, its wife, died on January 24, 1991, the Plaintiff inherited the instant real estate in proportion to 8/14 shares, E, and F, 3/14 shares, respectively.

C. On May 27, 2014, the Plaintiff transferred all of its share in the instant real estate to P.

On the other hand, from around 2001, the Defendant occupied the instant real estate and cultivated the crops.

E. The amount equivalent to the rent for the instant real estate from January 1, 2002 to November 30, 2013 is KRW 68,757,490 as seen in the rent calculation table, as seen in the attached rent calculation table, and the amount equivalent to the monthly rent on or around December 1, 2013 is KRW 628,910.

[Ground of recognition] The fact that there is no dispute, Gap Nos. 1 and 2 (including each number, hereinafter the same shall apply), Eul No. 3, the result of the rent appraisal conducted by the first instance appraiser G, the purport of the whole pleadings

2. Determination on the cause of the claim

A. According to the above facts of recognition, the Defendant, the occupant of the instant real estate, is obligated to pay the amount equivalent to the Plaintiff’s share to the Plaintiff, among the co-owners of the instant real estate, to the Plaintiff, who is one of the co-owners of the instant real estate, until May 26, 2014, the day before the date of loss of the Plaintiff’s ownership of the instant real estate (the Plaintiff sought payment of unjust enrichment equivalent to the rent by May 26, 2014).

Furthermore, with respect to the amount of unjust enrichment, the amount of rent from January 1, 2002 to November 30, 2013 was 68,757,490, and the fact that the amount equivalent to the monthly rent from December 1, 2013 was 628,910 as seen earlier and the subsequent rent is confirmed to be the same as that of the subsequent rent. As such, the Defendant, upon the Plaintiff’s request, is 41,38,292 won (=72,429,512 won) equivalent to the Plaintiff’s share out of unjust enrichment equivalent to the amount of rent from January 1, 202 to May 26, 2014 (=68,757.7).