(영문) 서울중앙지방법원 2016.07.13 2015가단144646

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(영문) 서울중앙지방법원 2016.07.13 2015가단144646

부당이득금반환

Text

1. The Defendants each of the Plaintiffs and KRW 16,942,222 from September 16, 2015 to July 2016, 2016.

Reasons

1. Basic facts

A. Defendant C is the latter part of the deceased E (hereinafter “the deceased”), and Defendant D is the child between the deceased and the Defendant C, and the Plaintiffs are the children between the deceased and the former part of the deceased.

The Deceased died on October 1, 2009.

B. The Songpa-gu Seoul Metropolitan Government F apartment No. 519, 1006 (hereinafter “instant apartment”) owned by the deceased. However, the deceased’s death caused the inheritance registration for the instant apartment with the shares of Defendant C3/9, Defendant D, and each of the plaintiffs 2/9.

C. Since the death of the deceased, the Defendants occupied and used the instant apartment.

After completing the inheritance registration of the instant apartment on May 1, 2010, the Plaintiffs and the Defendants reached an agreement on the division of inherited property and small inherited property, such as selling the instant apartment by April 30, 201, and raising certain money, and dividing it into inheritance shares.

E. The Plaintiffs and the Defendants sold the instant apartment on April 15, 2016 and expected to deliver it to the purchaser on June 30, 2016.

[Evidence] Facts without dispute, Gap evidence 1, Gap evidence 2, Gap evidence 5, Eul evidence 4, the purport of the whole pleadings

2. The assertion and judgment

A. (1) Determination of the specific method for using and making profits from the jointly owned property between the co-owners in the pertinent legal doctrine shall be determined by a majority of co-owners’ shares, as the matter of management of the jointly owned property. A majority of co-owners did not have agreed with the other co-owners on the method of management of the jointly owned property in advance.

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. Therefore, a minority share is given to the possessor who is permitted by the majority of co-owners to use and benefit from the article exclusively

유사 판례

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