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(영문) 대전지방법원서산지원 2017.10.17 2017가단50275
건물등철거
Text

1. The Defendants jointly share the Plaintiffs each amounting to KRW 19,820,800, and KRW 606,000 from April 18, 2017 to Seosan-si of the Defendants.

Reasons

1. The following facts may be acknowledged in full view of the facts acknowledged as Gap evidence Nos. 1, Eul evidence Nos. 1, Eul evidence No. 3, Eul evidence Nos. 3, each of the images of this Court's homeland No. 3, and the overall purport of the arguments as a result of each request for appraisal by the Korea Land Information Corporation and the K:

On February 20, 1984, the deceased L (hereinafter “the deceased”) completed the registration of ownership transfer on the land adjacent to the instant land (hereinafter “instant land”) and constructed a building without permission not registered on the ground adjacent to the instant land (hereinafter “instant building”).

B. The Defendants inherited each of the instant land and buildings following the death of the Deceased, and the Plaintiffs acquired ownership of each of the instant land 1/2 shares through public sale on April 17, 2014.

C. At present, the portion 1’s “1” portion is used as the site for the instant building, which was connected in order to each point of the attached sheet 1 through 15, and 1, among the instant land.

The rent of the instant land from April 18, 2014 to April 17, 2015 is 45,200 won per square meter, and the rent from April 18, 2015 to April 17, 2016 is 46,800 won per square meter, and the rent from April 18, 2016 to April 17, 2017 is 48,800 won per square meter (monthly 4,070 won).

2. Determination

A. Where multiple persons jointly use another person’s property without any legal cause, the obligation to return unjust enrichment is indivisible for the return of indivisible profits, barring special circumstances. Co-owners are entitled to use and benefit from the entire jointly owned property at the ratio of co-ownership. Thus, the damages incurred by another person’s use and benefit from the jointly owned property may be claimed for the return of damages equivalent to

(See Supreme Court Decision 2000Da13948 delivered on December 11, 2001, etc.) B.

According to the above facts, the Defendants, as co-owners of the instant building, use 452 square meters of the instant land as the site for the instant building. Thus, the Defendants are co-owners of the instant building.

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