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The Defendant, as the Plaintiff
(a)payment of KRW 2,146,909;
B. From January 18, 2020, the defendant's separate list is stated.
Reasons
1. Facts of recognition;
A. As to each real estate listed in the separate sheet (hereinafter “each of the instant real estate”), Defendant 3/11 shares, Nonparty C, D, E, and F owned 2/11 shares, respectively.
B. However, among each of the instant real estates, the Plaintiff was awarded a bid of 2/11 shares in the compulsory auction procedure conducted with respect to Nonparty D’s 2/11 shares among the instant real estates and completed the registration of ownership transfer on January 18, 2019.
C. As above, the Defendant solely occupied and used the entire real estate of this case from the time when the Plaintiff acquired the ownership of the share in 2/11 of each of the instant real estate at the auction procedure to the date of closing argument of this case.
【Reason for Recognition】 Each entry into evidence of subparagraphs A through 3, and the purport of the whole pleadings
2. The plaintiff's assertion and judgment
A. The gist of the Plaintiff’s assertion is the owner of shares 2/11 of each of the instant real estate, and the Defendant unilaterally occupies and uses each of the instant real estate, and thus, the Defendant is obligated to deliver each of the instant real estate to the Plaintiff, and the Plaintiff is obligated to pay the amount equivalent to KRW 842,50 per annum from January 18, 2019 to the completion date of delivery of each of the instant real estate by unjust enrichment of the amount equivalent to the rent of KRW 842,50 per annum.
B. Determination on the part of the claim for delivery as to the specific method for use and profit-making of the jointly owned property between one co-owner should be determined by a majority of co-owner's shares, and a majority of co-owners did not have consultation on the method of management of the jointly owned property with other co-owners.
Even if matters related to the management of the article jointly owned can be decided independently, it is determined that a majority of co-owners of the article exclusively use and benefit from specific parts of the article jointly owned.