부당이득금
The appeal is dismissed.
The costs of appeal are assessed against the Plaintiff.
The grounds of appeal are examined.
1. Matters concerning the management of, and the majority of shares in, the common property should be determined by a majority of co-owners if the detailed method for using and making profits from, the common property was determined by the co-owners, and the majority of co-owners did not have agreed with other co-owners on 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.
(See Supreme Court Decision 2002Da9738 delivered on May 14, 2002). In addition, a co-owner’s act of leasing the jointly owned property to another person and cancelling the lease agreement constitutes an act of managing the jointly owned property, and thus, a majority of co-owners’ share should be determined in accordance with the main sentence of Article 265 of the
(see, e.g., Supreme Court Decisions 62Da1, Apr. 4, 1962; 2010Da37905, Sept. 9, 2010). 2. Review of the reasoning of the lower judgment and the record reveals the following facts.
In around 197, Co., Ltd.: (a) sold D stores with 7 underground and 15 stories above ground (hereinafter “instant commercial buildings”); (b) the 14th commercial buildings are divided into divided buildings; (c) the 14th commercial buildings are divided into 14th commercial buildings, and (d) the 471.28 square meters of total oil area of 14th floor are divided into 64 different sections (7.36/471.28 of co-ownership per unit is about 7.36/471.28).
Accordingly, the 14th floor of the commercial building of this case was shared by many individuals.
B. The Plaintiff purchased a total of 19 old units from November 17, 2011 to September 16, 2014, and completed the registration of ownership transfer for such shares.
In addition, the defendant is a non-corporate association composed of co-owners of the 14th floor of the commercial building of this case.
C. Co-owners of the 14th floor of the instant commercial building have managed the jointly owned property as follows.
① On June 4, 2001, J Co., Ltd. on the 14th floor above.