A. The Plaintiff is a grandchild of D.

D A divorced with the Plaintiff’s early mother E, followed Defendant C to have Defendant B as his child and died on March 20, 2009.

B. On February 24, 2009, the Plaintiff donated F apartment G (hereinafter “instant apartment”) in Busan Shipping Daegu, Busan, and completed the registration of ownership transfer with respect to the instant apartment on March 3, 2009 under the name of the Plaintiff.

C. From January 14, 2016, Defendant B filed a lawsuit against the Plaintiff for the return of legal reserve of inheritance (Jansan District Court 2009Gahap7932), and rendered a judgment of the appellate court (Seoul High Court 2014Na1263) that “the Plaintiff shall implement the registration procedure for the transfer of ownership on August 3, 2010 with respect to the portion of 142/100 of the instant apartment among the instant apartment, on which the Plaintiff would return the legal reserve of inheritance on August 3, 2010,” and the said judgment became final and conclusive on May 24, 2016.

Accordingly, Defendant B completed the registration of ownership transfer on October 20, 2016 with respect to 142/100 shares among the apartment of this case on October 20, 2016.

At the same time, the Defendants, from May 1, 201 to June 30, 201, resided in the instant apartment complex from around May 1, 2011, and the Plaintiff did not pay the management expenses during the said period and paid 45,42,430 won to the Defendants on November 18, 2019.

E. From May 1, 201 to June 30, 2016, where the Defendants resided in the instant apartment from May 1, 2011, to June 30, 2016, the sum of monthly rent of KRW 169,60,00. The amount equivalent to double Plaintiff’s share of KRW 858/100 is the aggregate of KRW 145,516,800 (=169,600,000 + 858/1000).

[Reasons for Recognition] Defendant B: Each entry of evidence Nos. 1 through 3, the result of appraiser H’s appraisal of rent, the purport of the whole pleadings, Defendant C: Confession of confession

2. Determination

A. Co-owners may use and make profits from all the co-owners in proportion to their shares, and the matters concerning the management of the co-owned property are determined by a majority of co-owners' shares.