부당이득금
1.The judgment of the first instance shall be modified as follows:
The Defendant (Appointed Party) and the appointed parties are each the Plaintiff and the Plaintiff.
1. Determination as to the cause of claim
A. 1) On August 27, 2013, the Plaintiff is deemed to be the land of this case, hereinafter “instant land”).
(2) Of the entire shares of D (35/451 shares), the land of this case is jointly owned by 14 persons, including the Plaintiff, the Defendant, and the designated parties (hereinafter “Defendant, etc.”) in accordance with the share ratio by co-owner, and the Defendant, etc. co-ownership of the building listed in the Schedule of Attached Table 1, which was constructed on the ground of the instant land (hereinafter “the instant building”).
【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 and 2, the purport of the whole pleadings
B. Since all co-owners have the right to use and make profits from all co-owners in proportion to their shares, if part of the co-owners exclusively occupy and use a specific part, they should be deemed to have made unjust enrichment corresponding to their share for a person who has the share of other co-owners but does not use or make profits from the part, even if the area of the specific part is within the area equivalent to their share ratio.
In addition, where multiple persons jointly use another person's property without any legal cause, the obligation to return unjust enrichment is an indivisible obligation with the return of indivisible profits, unless there are special circumstances.
(2) In light of the above legal principles, the Defendant, etc., who is a co-owner of the instant land, owns a building of this case constructed on the ground of the instant land, thereby exclusively occupying the instant land. As such, the Defendant, etc., who suffered damage therefrom, is a co-owner of the instant land. As such, the Defendant, etc., who is a co-owner of the instant land, owned the building of this case constructed on the ground of the instant land. As such, the Plaintiff, etc., who suffered damage therefrom, is a co-owner of the instant land, due to the failure to use or profit-making therefrom.