부당이득금반환
1. The Defendant shall pay to the Plaintiff KRW 157,00 per month from December 9, 2016 to the completion date of occupancy and use of attached real estate.
1. In addition to the purport of the entire pleadings as a result of the appraisal by appraiser C, the facts of recognition are as follows: (a) the Plaintiff acquired ownership of 1/2 shares of the real estate listed in the separate sheet (hereinafter “instant apartment”) due to a compulsory auction on December 9, 2016; (b) the Defendant is the owner of the remaining 1/2 shares among the instant apartment among the instant apartment, and is in possession of the entire apartment of this case from the time when the Plaintiff acquired ownership as above until the time when the Plaintiff acquired ownership; and (c) the fact of the cause of 157,00 shares of the instant apartment from August 25, 2017 to August 24, 2018 is recognized.
2. A co-owner of land to determine the cause of the claim may use and make profits from the whole land according to his/her share ratio, but unless a majority of share ratio has been agreed among co-owners on the method of use and profit-making, one is unable to exclusively occupy and use a specific part. If part of co-owners exclusively occupy and use a specific part, even if the area of the specific part is within the area equivalent to their share ratio, they shall be deemed to have made unjust enrichment corresponding to their share ratio for a person who has not used and made profits from the part among other co-owners (see, e.g., Supreme Court Decision 2000Da13948, Dec. 11, 2001). According to the above facts, the defendant who exclusively occupies and uses the apartment of this case, who is the co-owner of the above apartment, has the duty to return the ownership of the above share to the Plaintiff, which is equivalent to the Plaintiff’s share in the share in this case from December 9, 2016 to the completion date of occupancy and use of the apartment.
According to the results of the fee appraisal, it is equivalent to the Plaintiff’s share from August 25, 2017 to August 24, 2018.