부동산 인도 등
1. The defendant shall be the plaintiff.
(a) deliver each real estate listed in the separate sheet;
B. 28,690,000 won and this shall be applicable to 28,690,000 won.
1. Facts of recognition;
A. C and D completed the registration of ownership transfer with respect to one-half of each of the respective real estate listed in the separate sheet (hereinafter “instant real estate”) on June 15, 2016, and C completed the registration of ownership transfer with respect to one-half of each share of the said real estate to the Plaintiff Company on November 2, 2017.
B. The Defendant occupied and used the instant real estate.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 2 (including additional number), the purport of the whole pleadings
2. According to the above facts of determination as to the cause of the claim, the plaintiff company and the defendant share 1/2 shares of each of the real estate of this case. Since the defendant occupies and uses the real estate of this case exclusively, the defendant is obligated to deliver the real estate of this case to the plaintiff, and even if he/she is a co-owner who owns shares in the land or a building, or a person who has the right to claim the registration of ownership transfer as to his/her shares, he/she cannot exclusively occupy and use and benefit from the common property without consultation with other co-owners. Thus, even if his/her shares in the common property fall short of the majority, the other co-owners may request the person who
(see, e.g., Supreme Court Decision 2012Da43324, May 16, 2014). Of the total rent for the instant real estate, the Plaintiff is obligated to return the amount equivalent to the share of the Plaintiff Company’s share as unjust enrichment.
In ordinary cases, the amount of profit from the possession and use of real estate is the amount equivalent to the rent of the real estate.
According to the result of the court’s appraisal of the rent for one year from November 3, 2017 to November 2, 2018, the rent for the instant real estate is KRW 24,840,00, the rent for one year from November 3, 2018 to November 2, 2019 is KRW 27,60,000, and the rent for one year from November 3, 2018 to November 2, 2019 is KRW 27,60,000, and is from November 3, 2019 to December 2, 2019.