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1. Defendant B shall pay to the Plaintiff KRW 21,740,550 as well as 15% per annum from September 19, 2018 to the date of full payment.
Reasons
1. Basic facts
A. On December 12, 1996, the Plaintiff completed the registration of ownership transfer based on successful bid on September 5, 1996 with respect to the land listed in paragraph (1) of [Attachment List No. 1] (hereinafter “instant land”). On July 29, 2008, the Plaintiff completed the registration of ownership transfer with respect to 1/3 of the instant land to Defendant B.
B. On September 22, 2008, Defendant B completed the registration of ownership transfer with respect to the building listed in the [Attachment List No. 2] on the ground of the instant land (hereinafter “instant building”).
C. On December 5, 2013, Defendant B completed the registration of ownership transfer with respect to shares of 1/3 of the instant land and the instant building.
The instant building was used as a restaurant of the trade name “D” in the past, and the boundary of the instant land was set up with iron pents and fences.
[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, 7, Eul evidence 4 (including additional number), the purport of the whole pleadings
2. The assertion and judgment
A. Determination on the cause of the claim 1) In the event co-owners share the goods on the removal of the instant building and the part on the delivery of the instant land, a right holder who is not a majority right holder cannot exclusively use the land without consultation with other right holder. The remaining right holder is a right to seek the exclusion of exclusive use, i.e., removal of the building on the ground and removal of the land (see Supreme Court Decision 2002Da57935, Nov. 13, 2003). As seen above, the land of this case is owned by the Plaintiff as 2/3 shares and 1/3 shares. Since Defendant C owns the instant building and uses the instant land on the exclusive basis of the site of the instant building, Defendant C is obligated to remove the instant building and deliver the instant land to the Plaintiff without authority to do so on the land owned by others.