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(영문) 제주지방법원 2017.11.28 2017가단55475

건물철거 등

Text

1. The defendant shall be the plaintiff.

(a) KRW 4,144,890 and interest rate of KRW 15% per annum from October 12, 2017 to the date of complete payment.

Reasons

1. Basic facts

A. At Jeju-si, the Defendant shared 3/4 shares and D’s shares in 1/4 shares in 3/4 shares and 1/4 shares. However, the Plaintiff purchased shares in the compulsory auction procedure for 1/4 shares in the instant land owned D and paid the sale price on March 18, 2015, and completed the registration of ownership transfer on March 19, 2015.

Accordingly, the Defendant shares the land of this case as 3/4 shares and 1/4 shares.

B. The Defendant completed the registration of ownership preservation on September 18, 1995 with respect to the building indicated in the attached list on the ground of the instant land (hereinafter “instant building”), and used the instant land as a site necessary for the location and use of the instant building.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. Determination on the request for removal of buildings

A. The summary of the Plaintiff’s assertion is merely a co-owner of the instant land. Since the Plaintiff violated the Plaintiff’s right to share in the instant land by exclusively occupying and using the entire instant land, the Plaintiff seeks removal of the instant building against the Defendant by excluding interference with the entire instant land, which is jointly owned by himself/herself.

B. Determination 1 of the relevant legal principles that determine the specific method for the use and profit-making of the jointly owned property between co-owners should be determined by a majority of co-owners' shares, as matters concerning the management of the jointly owned property, and the majority of co-owners did not have agreed with other co-owners about the method

Even if matters related to the management of the article jointly owned can be decided independently, it is legitimate for a majority of co-owners to decide to exclusively use and benefit from the specific part of the article jointly owned as the method of management of the article jointly owned.

Therefore, the co-owners of the minority shares are entitled to co-owners of the majority shares.